A-GC: No influence in decision to withdraw charges against Lim, Phang
KUALA LUMPUR: The Attorney-General’s Chambers (A-GC) said its decision to withdraw corruption charges against Finance Minister Lim Guan Eng and businesswoman Phang Li Koon was not influenced by anyone and done without fear or favour.
In a statement yesterday, A-GC Appellate and Trial Divison head Datuk Mohamad Hanafiah Zakaria said Attorney-General Tommy Thomas had no hand in the decision as he had recused himself from all deliberations on the case from the onset.
He touched on the secrecy surrounding A-GC’s decision not to proceed with the case.
He said the decision was only communicated to Datuk Masri Mohd Daud, the director of the Legal and Prosecution Division of the Malaysia Anti-Corruption Commission, and a deputy public prosecutor, at 7.18am on Monday when he was already in Penang.
“It ought to be emphasised that the decision, in respect of initiating prosecution or discontinuing it, is a matter within the prerogative and powers of the public prosecutor.
“In this case, I kept confidential my decision until the very last minute and did not consult the investigative agency fearing it might leak and cause unnecessary alarm.
“In fact, my decision was so confidential that I only informed the A-G personally at 9.44am yesterday (Monday).”
However, he said, despite the prosecution’s request for the court to order a discharge not amounting to acquittal, the judge decided to discharge and acquit both accused following an appli-
cation by the defence counsel.
He said the A-GC adopted the “fresh eye” technique to relook the case, and he was tasked with deciding on the representations made by the accused as he had not participated in any way with the case earlier.
“Accordingly, I was able to consider the matter with a fresh perspective.
“I have perused the evidence that was investigated by the Malaysian Anti-Corruption Commission (MACC) and also evidence that was adduced in the course of the trial.
“I concluded that as a result of the cross-examination of the prosecution witnesses who have testified so far, the evidence supporting the first charge under Section 23 of the MACC Act and Section 165 of the Penal Code has been substantially weakened.
“This conclusion was arrived in light of fresh evidence that has arisen during the cross-examination of prosecution witnesses.”
Hanafiah said he concluded that the case against both accused would not succeed at the end of the prosecution case.
“Hence, I decided for the prosecution to enter nolle prosequi against both Lim and Phang in accordance with Section 254 of the Criminal Procedure Code.”
Nolle prosequi is applied when the prosecutor does not propose to further prosecute the accused.
He said the practice to enter nolle prosequi was not something out of the ordinary as it had been exercised in many other cases.
He said this was done upon representation by the counsel and upon discovery of fresh evidence or the evidence had been weakened under cross examination.