KUALA LUMPUR — The Attorney-General’s Chambers (AGC)’s decision to apply for a discharge not amounting to an acquittal (DNAA) for Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi recently, continues to plague the perception of the unity government, despite a similar trend happening for politicians under previous administrations.
Amidst widespread speculation suggesting government involvement in the decision-making process that led to the AGC doing so, Prime Minister Datuk Seri Anwar Ibrahim has since categorically denied any executive interference.
He stressed that discretion over the matter rests solely with the prosecution.
Anwar’s response comes one day after the AGC attempted to explain that the judiciary accepted their application for the discharge not amounting to an acquittal (DNAA), citing the “cogent” reasons provided by the prosecution.
Nevertheless, this is not the first instance where the government and its prosecutorial arm faced heavy criticism following the dropping of charges against politicians.
In fact, since 2018, at least seven politicians have either had charges dropped or have avoided imprisonment altogether.
Shahidan Kassim
Datuk Seri Shahidan Kassim who previously served as Federal Territories Minister during Perikatan Nasional’s (PN) reign in Putrajaya and current Arau MP, faced charges in November 2018 under Section 14(a) of the Sexual Offences Against Children Act 2017 for physical sexual assault by touching any part of the body of a child.
Allegations suggested that Shahidan had touched a 15-year-old child’s hands up to the shoulders inside a vehicle within the Tuanku Syed Putra Stadium compound in Perlis on October 20 of the same year he was charged.
If convicted, Shahidan would have faced jail time of up to 20 years and whipping.
During the trial, the prosecution had called three witnesses, one of whom was the complainant who testified via live camera in closed court.
However, on April 24, 2019, the Kangar Sessions Court granted Shahidan a DNAA after the prosecution did not want to proceed with the case.
Reports quoting the Arau MP’s lawyer Zamri Ibrahim said that the prosecution made the decision after the victim confirmed she did indeed lodge a report but refused to be questioned and declined to continue with the case.
Lim Guan Eng
On June 30, 2016, Bagan MP Lim Guan Eng faced trial on two charges under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
These charges alleged that Lim had used his position as a public officer (then Penang Chief Minister) to gain personal benefits for both himself and his wife, Betty Chew Gek Cheng.
The first charge accused Lim of approving an application by Magnificent Emblem Sdn Bhd to convert agricultural land into a public housing zone.
Meanwhile, the second charge asserted that Lim had acquired a plot of land and a house for himself at RM 2.8 million, which was below market value.
Then on September 3, 2018, a High Court in Penang granted a full acquittal to Lim Guan Eng on both charges after an application for a DNAA by deputy public prosecutor Datuk Masri Mohd Daud.
The application was based on a representation letter by the defence to the AGC sent in July of that same year.
During his discharge, Lim held the position of Finance Minister under the Pakatan Harapan (PH) administration.
However, on August 6, 2020, Lim was charged under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act for soliciting a bribe over the undersea tunnel project.
Rafizi Ramli
Although he did not receive a DNAA, the current Economic Affairs Minister Rafizi Ramli was found guilty under the Official Secrets Act (OSA) 1972 and escaped prison time.
In 2016, the Sessions Court in Kuala Lumpur found Rafizi guilty of exposing details of the 1Malaysia Development Berhad (1MDB) audit report at a press conference in Parliament in March of that same year and sentenced him to 18 months jail.
Rafizi chose not to challenge the conviction but appealed against his sentence which went all the way to the Court of Appeal.
The Pandan MP proposed a good behaviour bond instead of a prison sentence, which the prosecution did not object to which the Court of Appeal accept the proposal.
LTTE 12
Alongside then-Gadek assemblyman G Saminathan and then-Seremban Jaya assemblyman P Gunasekaran, 10 other individuals were charged for supporting the defunct Liberation Tigers of Tamil Eelam (LTTE).
All 12 individuals were charged at the Kuala Lumpur High Court on October 29, 2019, and held in detention under the Security Offences (Special Measures) Act 2012.
However, on February 21, 2020, then-Attorney-General Tan Sri Tommy Thomas exercised his powers under Section 145(3) of the Federal Constitution to discontinue proceedings against all 12 accused.
Among his reasons, Thomas said that the common thread between all the men was that they possessed photos of slain LTTE leader Vellupillai Prabhakaran in their phones of social media accounts.
He added that even if there were elements of terrorist acts by possessing, distributing or displaying such photographs it would be futile for the prosecution to establish that they are not excluded under Section 130B(4) of the Penal Code for ‘advocacy, protest or dissent’.
The other ten individuals charged comprised – V Suresh Kumar, B Subramaniam, S Thanagaraj, S Chandru, S Arivainthan, M Pumugan, Sundram Renggan @ Rengasamy, V Balamurugan, A Kalaimughilan, and S Teeran.
Musa Aman
Formerly Sabah’s Chief Minister from 2003 to 2018, Tan Sri Musa Aman faced over 40 charges linked to tender concessions contracts.
Musa was first brought to the Kuala Lumpur High Court in November 2018 to face 35 counts of corruption charges under Section 11(a) of the MACC Act for using his capacity as Sabah chief minister and Sabah Foundation Board of Trustees chairman to receive US$ 50.1 million from eight logging concessionaires as an inducement to approve logging agreements.
Later on March 5, 2019, Musa was slapped further with 16 money laundering charges amounting to more than US$ 30 million pertaining to timber concessions in Sabah.
However, on October 18, 2019, the prosecution proceeded to withdraw five corruption charges and applied for the accused to be given a DNAA.
Four months after the PN government took over in late February 2020, deputy public prosecutor Datuk Azhar Abdul Hamid informed the court that the prosecution would withdraw all charges against the accused.
On June 9, 2020, it was reported that the Kuala Lumpur High Court granted Musa an acquittal for all corruption and money laundering charges after hearing submissions from the former Sabah Chief Minister’s lawyer Francis Ng Aik Guan.
Tengku Adnan Tengku Mansor
Former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor was sentenced by the Kuala Lumpur High Court on December 21, 2020, to 12 months imprisonment and RM2 million fine after being found guilty of corruption by receiving a bribe worth RM2 million from a businessman.
It was alleged that as Federal Territories Minister, Tengku Adnan received the monies from Aset Kayamas Sdn Bhd director Kin Kong.
However, on July 16 the following year, a three-man panel at the Court of Appeal overturned Tengku Adnan’s conviction.
The former Putrajaya MP’s lawyer Datuk Tan Hock Chuan submitted that a key witness during the trial confirmed that the cheque valued at RM2 million was a political donation to Umno and not a payment to Tengku Adnan himself.
Court of Appeal judge Datuk Suraya Othman accepted Tan’s argument stating there was a lack of evidence showing that the key witness had been dishonest with his testimony.
On a separate case, Tengku Adnan also was granted a DNAA in his RM1 million corruption trial following an appeal for the the order by prosecutors on December 7, 2020.
The order was granted by then High Court judge Datuk Mohd Nazlan Ghazali after deputy public prosecutor Julia Ibrahim told the court she had received instructions from the AGC to seek the DNAA order citing new developments in the case that warranted further investigation.
Abdul Azeez Abdul Rahim
Former Tabung Haji chairman Datuk Seri Abdul Azeez Abdul Rahim was charged on January 2019 at the Kuala Lumpur Sessions Court with three counts of accepting bribes worth RM5.2 million and six charges of money laundering worth RM974,414.60 with regard to road projects in Perak and Kedah.
On September 23, 2022, Sessions Court Judge Azura Alwi granted the former Baling MP a DNAA after a request from the prosecution.
Deputy public prosecutor Aslinda Ahad informed the court that the prosecution received six sworn statements from their witnesses and stated that an investigation should be conducted by the Malaysian Anti-Corruption Commission due to the existence of the new evidence.
Abdul Azeez later applied to the High Court to vary Azura’s order from a DNAA to a full acquittal.
On December 9, 2022, High court judge Datuk Azhar Abdul Hamid allowed Abdul Azeez’s application after the prosecution refused to raise any objections. — September 7, 2023