The acquittal of Finance Minister Lim Guan Eng and businesswoman Phang Li Koon over corruption charges raised many an eyebrow yesterday.
Among the first to respond to the court’s ruling was the Malaysian Anti-Corruption Commission (MACC) which claimed to be shocked by the acquittal.
“MACC would like to stress that the decision to withdraw the case was decided by the Attorney-General’s (AG) Chambers and not from MACC,” it said in a brief statement.
Counsel Ramkarpal Singh, who represented Lim, however, took the MACC to task for expressing shock over the case.
“I am shocked that the MACC is shocked over the decision. They (MACC) obviously have knowledge and been informed that the charges will be withdrawn, as the entire process involves the MACC.
“Is the MACC saying that the A-G (Attorney-General) did not consult them? This is a serious allegation,” Ramkarpal said in a statement.
Prime Minister Tun Dr Mahathir Mohamad jumped onto the bandwagon, commenting that the MACC has a right to be shocked.
Expressing his shock and probably said tongue-in-cheek, Dr Mahathir added: “If they want to be shocked, they can be shocked. I am also shocked. If the court makes a decision which to me is wrong, I also never comment on it.”
As for politicians, lawyers and the public, the acquittal drew mixed responses. It was, however, not met positively by Opposition politicians.
Penaga assemblyman Yusni Mat Piah of PKR said he was surprised, but it was done in accordance with the law.
Lawyer Baljit Singh said no reason was given for the acquittal.
“I am shocked that MACC is shocked by this,” he said.
Meanwhile, PAS vice-president Idris Ahmad is urging the relevant authorities to investigate Attorney-General Tommy Thomas over any possible conflict of interest following the acquittal.
“Thomas is the A-G and it gives a perception as though the Attorney General’s Chambers (AGC) has a conflict of interest,” he told reporters during a press conference at Selangor PAS headquarters on Monday (Sept 3).
Idris pointed out that Thomas was formerly the Finance Minister’s counsel in his corruption case.
“Thomas is regarded by many as a person with integrity in law and it’s better from him to resign as A-G,” he said.
On Monday (Sept 3), the Penang High Court acquitted Lim and Phang on corruption charges over the alleged conversion of land status and the purchase of a bungalow below market value.
High Court judge Justice Hadhariah Syed Ismail acquitted both accused and decided the charges be dropped despite the prosecution only proposing a discharge not amounting to an acquittal.
Lawyer groups also called for the resignation of Thomas.
Young Professionals (CP) chief executive Faidhur Rahman Abdul Hadi and International Women’s Alliance for Family Institution and Quality Education (WAFIQ) Law and Human Rights Bureau head Fatihah Jamhari said they have lost confidence in Thomas for failing to uphold the rule of the law.
“At the very least, proffer an explanation why the charges were dropped,” said Fatihah.
In a statement today, DPP Datuk Mohamad Hanafiah Zakaria said A-G Tommy Thomas had recused himself in all deliberations regarding the case.
“The AG had no hand in the decision to enter nolle prosequi (where Public Prosecutor does not propose further to prosecute the accused) on the charges against Lim and Phang Li Koon,” he said.
So the question of Thomas needing to resign does not arise.
Prominent social critic Chandra Muzaffar called the acquittal a “black eye” for the Pakatan Harapan government.
“When you have a government that came to power on the back of its strong commitment to stamp out corruption, and you get a decision like this, it undermines the whole edifice of ethics and integrity they are trying to construct,” Chandra told FMT.
“It is obvious a person in power is being protected without considering fairness and justice.”
Chandra said the Attorney-General’s Chambers (AGC) must come clean to explain the reasons behind the decision.
“The AGC should publicly disclose reasons why Lim’s case was withdrawn.
“In the new Malaysia, such important decisions like this should be backed up with solid reasoning and those reasons known to all,” he said.
Chandra, who has been vocal in criticising both Barisan Nasional and Pakatan Harapan, said the decision to drop the case “reeks of double standards”.
Everybody’s call for a reason the charges were dropped was answered today in a statement by Mohamad Hanafiah, the head of the appellate and trial division at the Attorney General’s Chambers.
He said he decided on the representations from Lim and Phang, and the withdrawal was due to the evidence in the case having been substantially weakened
“This conclusion was arrived at in light of fresh evidence that has arisen during the cross-examination of prosecution witnesses,” he said, adding that the case would not have succeeded.