Witnesses unavailable, can’t get documentary evidence from Hong Kong and ex-AG Gani Patail’s past decision.
Attorney-General (A-G) Tan Sri Idrus Harun today said he decided to have the prosecution withdraw 46 corruption and money-laundering charges against Tan Sri Musa Aman, as the unavailability of documents from Hong Kong-based banks and the unavailability of some witnesses meant that proceeding with a trial would be untenable.
Among other things, Idrus also cited former A-G Tan Sri Abdul Gani Patail’s past decision regarding Musa’s case to justify the decision to drop the charges against the former Sabah chief minister.
“Having studied the whole available evidence and upon discussion being held with the prosecution and investigation team, I decided to withdraw all the charges against Tan Sri Musa Aman,” Idrus said a statement today regarding the former Sabah Umno chief’s case.
“In cases of this nature, documentary evidence is vital to prove a case. Documentary evidence from companies and banks which were expected could not be obtained through Mutual Legal Assistance in Criminal Matters from Hong Kong.
“The Department of Justice Hong Kong advised that companies and banks in Hong Kong are only required to keep records for seven (7) years and it is highly unlikely that neither the banks nor the companies would still have the records.
“Apart from that, there are witnesses for the prosecution who have passed away, suffered serious medical ailments or are not in Malaysia anymore,” he added.
Earlier in the statement, Idrus noted that Abdul Gani had as the A-G then in 2012 decided not to charge Musa over the funds that were allegedly corruptly received, based on investigations that showed the funds to have been “political funding”.
Earlier, Pakatan Harapan (PH) had called for the Attorney General’s Chambers (AGC) to explain in full of its decision to withdraw criminal charges against Musa Aman that led to his acquittal earlier today.
The council said it was troubled and disappointed by the decision made by the AGC, noting that the nearly four dozen charges of corruption and money laundering related to the award of logging contracts during Musa’s tenure as Sabah’s chief minister was not a miniscule figure which involved a considerable sum of money.
“The whole nation watched today how the High Court made the decision to discharge and acquit Tan Sri Musa Aman after the AGC withdrew their charges against him.
“Therefore, the AGC need to immediately provide a full explanation on its decision as it will mirror the true image of the existing administration,” the council said in a joint statement signed by the secretaries-general of the respective component parties.