Apandi, The Legal God, clears Prime Minister Najib Razak of Any Criminal Wrongdoing


January 26, 2016

Apandi, The Legal God, clears Prime Minister Najib Razak of Any Criminal Wrongdoing

by V. Anbalagan, Assistant News Editor

Attorney-General Tan Sri Mohamed Apandi Ali says today no one will be prosecuted in relation to the probes into SRC International and the RM2.6 billion channelled into the prime minister's bank accounts. – The Malaysian Insider pic by Nazir Sufari, January 26, 2016.

Dato’ Seri Najib Razak has been cleared of any criminal wrongdoing, the Attorney-General said today, after close to six months of investigations into the RM2.6 billion channelled into the prime minister’s bank accounts and into Finance Ministry-owned firm, SRC International Sdn Bhd.

Tan Sri Mohamed Apandi Ali, who is also public prosecutor, today told a packed press conference at his office in Putrajaya there was “insufficient evidence” to implicate the Prime Minister.

“Based on facts and evidence, no criminal offences have been committed by the PM in relation to three investigation papers. I hereby order the MACC (Malaysian Anti-Corruption Commission) to close the investigation papers,” Apandi said.

The three papers are one on the RM2.6 billion donation and two on SRC International which had taken a RM4 billion loan from the Retirement Fund Inc or KWAP. Apandi today also cleared Najib of any wrongdoing in relation to SRC International.

Apandi said that based on evidence from witnesses and supporting documents submitted by the MACC, the sum of US681 million (RM2.08 billion) deposited into the personal accounts of the prime minister between March 22, 2013 and April 10, 2013 was a personal donation to Najib from the Saudi royal family which “was given to him without any consideration”.

“MACC in their investigation personally met and recorded statements from witnesses, including the donor, which confirmed that the donation was given to the PM personally,” he said.

Apandi said he was satisfied that there was no evidence to show that the donation was a form of gratification given corruptly.

Najib and Rosie2

No Case to Answer–NFA

“Evidence obtained from the investigation does not show that the donation was given as an inducement or reward for doing of forbearing to do anything in relation to his capacity as a Prime Minister,” said Apandi who read a statement from a prepared text.

Furthermore, the A-G said the Prime Minister returned US$620 million (RM2.03 billion) to the Saudi royal family in August 2013 because the money was not utilised.

“There (is) no evidence to show that Yang Amat Berhormat PM had any knowledge and, or was informed that the monies had been transferred into his personal accounts from the accounts of SRC International.There (is) no evidence that YAB PM had given any approval for the transfer of monies from the account of SRC International into his personal accounts,” Apandi said.

Based on the evidence, the A-G said he was satisfied that no criminal offence had been committed in relation to the said RM2.08 billion.

MACC last year opened investigations following reports in The Wall Street Journal and Sarawak Report in July last year alleging that of the RM2.6 billion donation, RM42 million had originated from SRC International, a subsidiary of Najib’s brainchild, 1Malaysia Development Bhd (1MDB).

This was according to documents on the money trail provided by Malaysian investigators, WSJ and Sarawak Report said.A larger tranche of US$681 million was also transferred ino Najib’s accounts, originating from a British Virgin Islands company and going through Falcon Private Bank in Singapore, they reported.

MACC had recorded statements from more than 100 witnesses, including Najib and the individual who allegedly gave RM2.6 billion. The agency first submitted investigation papers to the A-G on December 31, and had the papers returned with requests for more explanations on January 18. It resubmitted the papers last week.

MACC’s Deputy Director of Operations Dato’ Séri Mohd Shukri Abdull earlier said the RM2.6 billion probe was still incomplete as investigators needed to collect documents and statements from individuals from several overseas financial institutions. Shukri added that the commission filed a request with the A-G to obtain mutual legal assistance (MLA).

Apandi said today since no criminal offence had been committed, there was “no necessity” for Malaysia to make a request for an MLA to any foreign states to complete the investigation by the MACC in relation to the donation.

 

27 thoughts on “Apandi, The Legal God, clears Prime Minister Najib Razak of Any Criminal Wrongdoing

  1. WHO EVER HEARD OF POLITICIAN RETURNING DONATION??? Najib has done even more wrong with the money.. Something really sensational has been done with the money..

  2. The MACC is not a body under the AG.
    The AG has no legal right to order this or order that to MACC to close this or close that.
    The AG is just the prosecution arm of the nation.
    MACC is independent body to prevent corruption even at PM level.
    So MACC must present its case to the public as the AG is obviously tainted
    by the sudden dismissal of the previous AG.
    Let just state it again. The AG can refuse to take action, that is put the file somewhere as NFA but the AG has no right to ORDER MACC to close the file.
    Ada faham pandi?

  3. There is no choice but for the Macc or any public interested body to apply for a judicial review of the AG/PP’s decision. Lim Chee Wah ex Bar President & and members of the Independent panel had seen and scrutinized the paper. They should initiate an application of judicial review. You should not allow the illegal and unlawful decision decision of the AG to stand without challenge.

    The AG/PP has no bloody right under our law or constitution to order any investigation to be closed. The investigation was not ordered by the AG/PP. The investigation was initiated by the Macc based on information received of the corrupt activities of Najib. The Macc shld follow the law very strictly and ‘Keep In View'(KIV) the paper. Former AG Abu Talib opinion that only the AG could reveal the result of the investigation is a load of bullshit. The AG/PP like any other lawyer in town, studies the Investigation Paper and if there is sufficient evidence gives his consent to prosecute and then prosecute the case.

    The Macc C/commissioner should declassifed the investigation paper and tell the whole world the outcome of their ivestigation & the recommedation made to the AG/PP.. It was they who classified it under the OSA and they are the one who shld declassified it.

  4. Gentlemen, are we screwed or what. Our politicians can’t even lie intelligently.
    ______________
    I have not heard of intelligent lying politicians. If there are, they won’t be caught.–Din Merican

  5. The decision by this rogue AG/PP should not be left unchallenged. Public interested bodies or the MACC itself should apply for a judicial review. Lim Chee Wah ex Bar President and members of the Independent Panel had reviewed the Investigation papers. They should initiate the application to court.

    The AG who is the Public Prosecutor and his Deputies are public officers. And as public officers, their decisions if it goes against public interest are reviewable by a court of law. In the UK case of Rv DPPex PC 1995 Cr App R136, Keneddy LJ said that it had been ‘common ground’ that a decision by the DPP( equivalent to our PP) not to prosecute was reviewable. Three circumstances in which applicant for a judicial review of a decision not to prosecute would be effective are when 1) the decision is a result of some unlawful policy, or 2) the decision was perverse and/or 3) PP/DPP had deviated from the normal standard and practice of issuing consent.

    The AG/PP has no bloody right under our constitution or the criminal procedure code to order the Macc or any investigative agency to close their paper of investigation. An investigation paper is ordered closed if there had been a trial in which the accused had been acquitted and for reasons known/unknown the PP decided not to appeal. And the the other reason is when the case had been finally disposed off by the court. Macc should ‘Keep In View’ of the investigation papers. This all depends whether the Macc C/Comm has got balls.

    Macc should also declassified the case and inform the public of the outcome of their investigations and the recommendations made to this Apandi. They are the ones who classified the case under the OSA and they shld declassify it and made it public.

  6. Quote:- “I hereby order the MACC (Malaysian Anti-Corruption Commission) to close the investigation papers,” Apandi said”

    So MACC is not independent after all.

    Quote:- ““There (is) no evidence to show that Yang Amat Berhormat PM had any knowledge and or was informed that the monies had been transferred into his personal accounts from the accounts of SRC International.There (is) no evidence that YAB PM had given any approval for the transfer of monies from the account of SRC International into his personal accounts,” Apandi said”

    So the monies was from SRC? Just that Najib had no knowledge?

    Ling Leong Sik please take note.

    And by the way who inside SRC did the transferring? Surely not a clerk? Surely some offence or at least negligence was committed here whoever he or she was?

    Or was the transfer of RM42,000,000 meant for some other account for legitimate Company business, but by some monumental typo fluke Najib’s personal bank account in AM Bank was mistakenly typed in?

    What are the chances of this happening?

  7. Dato, that’s the point. They’re telling us they want to be caught. And challenges us who dares catch.

  8. Leave the SR, WSJ, Washington Post and other foreign media reports on this donation & SRCI cases and let’s move on to sort out our other problems.

  9. Another example of waste of public funds and resources on investigstions the result of which was probably known by all? Another sendiwara for public entertainment!!!!

  10. 2018 isnt that far away. ali baba and his band of thieves have until then to enjoy themselves. 2018.

  11. It is a consequence of apparently, the political interference of the judiciary dated back from the sacking of Salleh Abbas as Lord President.That had been largely responsible for the disenablying of the country’s delivery system which required urgent reform.

    There is no excuse for it to be re-enacted or repeated anywhere or any system of government.

    Regardless of any affiliations, the people need to empower themselves, collectively and inclusively, with or without the power-that-be, through their MPs to make it happen if things need to get done efficiently and productively for a better Malaysia in posterity.

    Social and economic transformation need to be placed on equal consideration, if not over political, for any meaningful contribution to sustain an efficient dilvery system that is the building block of the country’s orderly growth and stability.

  12. This is a classic case of riddles wrapped in mysteries and stuffed into a pandora’s box and idiotically presented, taking others for fools.

    Here are some facts that raise a lot of doubts and concerns which require credible explanations and genuine answers.

    Huge amounts have been surreptitiously channelled into PMs private account and this would have, in all likelihood, remained secret if not for the exposure by The Wall Street Journal and Sarawak Report. A lot of scheming, coming up with necessary cover foils and careful execution planning must have taken place long way back before the money was transferred. Najib should be in the know of all these because it is hard to imagine that money went into his account without his knowledge.

    Is the Saudi Royal family donation a post-exposure cover-up plan request – funds to be temporarily given and to be returned some time later. But why the donation sum was not US 650, 700 million or 1 Billion – all ending with a zero numerical instead of 681 million unless this was specifically asked for? That Najib has since returned US$620 million to the Saudi Royal family seem to support the “loan taken loan returned” theory. It was earlier claimed something to the effect that the donation was to fund BN to win the GE as well as to advance the Islamic cause in Malaysia. This spin has also need to be justified. Hence take a cut of some US 60 to account for this and return the balance. Seen in this light, it is rather strange for AG Apandi to say that it was a personal donation to Najib and that “it was given to him without any consideration”.

    So it is OK for Hadi Awang to get 50 million from a Middle-East country or for Lim Guan Eng to get similar amount from the US, China or Singapore – all as personal donations without any consideration since there is precedence.

  13. Politics depends a lot on perception.
    Propaganda, to be effective, must have an element of truth in it.
    “Grandmother stories” will not do.

    How many Malaysians truly believe him?

    It will be interesting to see what the Foreign Ministry of Saudia Arabia has to say about this.

    Maybe they should have claimed that the $$$ was from the CIA, Pentagon etc to fight Daesh/ISIL/ISIS in 1Malaysia. This would have been more believable! 🙂

  14. morning dato….SR has a very interesting write up on this matter…thanks to the preference of ‘loyalty over intelligence’ stand

  15. And in a typically Melayu-fashion answer, “biaq dia jawab di akhirat nanti”. I am sickened by this never-ending religious-tainted excuse, man. I want him to be answerable to the rakyat now, not in the hereafter. Period.

  16. “Furthermore, the A-G said the Prime Minister returned US$620 million (RM2.03 billion) to the Saudi royal family in August 2013 because the money was not utilised”.

    Return the money, my foot. The money is either tucked away in a foreign bank or Rosie has stashed it in her piggy bank. Both are more believable than Apandi’s assertion.

  17. An expected announcement that satisfies none other than UMNO cronies. Whatever follows is not his problem as he is retiring very soon. Apandi has acted his role well as scripted and directed by Najib Crime syndicates.

  18. I told you guys that I am santa claus, the next brown pope and yes the ET that you never found out in these 50 earthly years. Yes this pronouncement was forgone too.

  19. Look, it’s no use yodeling about this and that; source of ‘donation’, ‘political largess’ or whatever. How much was received/returned and the convoluted mechanics of the money trail and/or laundering remains conjecture as the investigating agencies are hamstrung by sycophancy in the highest.

    The bottom-line is that the Money was used ultimately to ‘Buy’ an Election, thus Subvert Democracy and Pervert the course of Natural Justice.. So what is utility any further PAC deliberations on this matter?

    However, Double Talking Pure Legalese by Carmic Toadstools can do nothing to allay the Transgression and Negation committed when the Bankrupt One uses “Cash Is King” as a mantra for Pragmatic Corruption of the Soul of a Nation.

    The public perceptual battle has long been lost and credibility by hedonistic Entitlement will be eroded further, as the Paradisaical addicts are defending the indefensible.

    The Leadership can no longer be said to be tainted. They are Tarred.

  20. The MACC is not a body under the AG. The AG has no legal right to order this or order that to MACC to close this or close that.

    As your comments above is the he AG as the prosecution arm of the nation and thus he can ‘nullify’ any findings of MACC but choosing not to take any action?

    Catch the nose directly or by going around the head but both have the same result. The whole system may be perceived as above by the world but then who cares or bothers when the objective to retain power is achieved.

  21. This is the same AG who cleared Ali Tinju because of lack of evidence when all the evidence can be found on youtube.

  22. Stop all your yammering .

    We should be proud we just received our membership card to the Tinpot Dictatorship Club.

    We have lots to look forward to.

    Also could you please spare a moment for the man of the hour.

    Think of lonely he is :

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