AG outlines factors that led to Musa’s freedom from prosecution

PETALING JAYA: An affidavit affirmed by former Attorney-General Tan Sri Abdul Gani Patail was a factor that won Tan Sri Musa Aman (pix) his freedom from prosecution on 43 corruption charges.

In a statement issued today, the Attorney-General’s Chambers said the affidavit filed last Friday by Musa, the former chief minister of Sabah, was attested to by Gani in support of Musa’s application to quash all the charges.

Current Attorney-General Tan Sri Idrus Harun said Gani had defended the decision taken in 2012 “to take no further action” against Musa as investigations revealed that the monies involved were for political funding.

Idrus said Gani also stated that the decision was made collectively by high-level individuals such as former head of the Prosecution Division Datuk Tun Abdul Majid Tun Hamzah, former chief commissioner of the Malaysian Anti-Corruption Commission (MACC) Tan Sri Abu Kassim Mohamad, and former director of the Investigations Division of the MACC Datuk Seri Mustafar Ali.

Idrus said that other factors that also led to a decision by the prosecution to withdraw the charges were the fact that documentary evidence from companies and banks that were expected could not be obtained from Hong Kong.

“Then, there were witnesses for the prosecution who have either passed away, suffered serious medical ailments or are no longer in Malaysia,” he added.

As a result, he said, it was no longer tenable to continue with the prosecution against Musa.

Idrus said the decision was also “strengthened” by a letter dated Dec 22, 2011 from the Independent Commission Against Corruption in Hong Kong stating that it had completed its investigations and no further action would be pursued.

“My decision is taken in accordance with powers exercisable at my discretion under Article 145(3) of the Federal Constitution,” Idrus said.

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