AG not involved in decision to withdraw charges against Lim, Phang

KUALA LUMPUR: The AttorneyGeneral (AG) has no hand in the decision not to pursue corruption charges against former Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon, but instead, the decision was made by Datuk Mohamad Hanafiah Zakaria, Head of Appellate & Trial Division of Attorney-General’s Chambers (AGC).

Mohamad Hanafiah in a media statement yesterday said that this was clearly stated in the joint press release dated Aug 2, 2018, issued by Solicitor-General Datuk Engku Nor Faizah Engku Atek and SolicitorGeneral II Datin Paduka Zauyah Be T. Loth Khan, that AG Tommy Thomas had recused himself in all deliberations regarding the case.

As such, Mohamad Hanafiah said he was tasked to decide on the representations made by both Lim and Phang as he had not participated in any way with the case earlier.

“Accordingly, I was able to consider the matter with a fresh perspective. Having given the said task, I have perused the evidence that has been investigated by the Malaysian Anti-Corruption Commission (MACC) and the evidence that have been adduced and tested under cross examination thus far, I concluded that as a result of the cross-examination of the prosecution witnesses who had testified so far, the evidence supporting the first charge under Section 23 of the MACC Act and under Section 165 of the Penal Code has been substantially weakened.

“The conclusion was arrived in light of fresh evidence that have arisen during the cross- examination of prosecution witnesses.”