KUALA LUMPUR (Dec 9): The Attorney General's Chambers (AGC) did not pursue the case against former Lembaga Tabung Haji chairman Datuk Seri Abdul Azeez Abdul Rahim as there were no "evidence or facts" found that favoured the prosecution after further probe by the Malaysian Anti-Corruption Commission (MACC).
"The development of the investigation has been referred back to the prosecution where the prosecution is satisfied that there is no evidence and facts in favour of the prosecution," Attorney General Tan Sri Idrus Harun said in a statement released on Friday (Dec 9).
Earlier on Friday, the former Baling member of Parliament was fully acquitted of his corruption and money laundering charges.
Judicial commissioner Datuk Azhar Abdul Hamid allowed Abdul Azeez's application for a discharge and acquittal for nine charges — three corruption charges and six money laundering charges — after deputy public prosecutor Nik Haslinie Hashim did not raise any objection.
Idrus said that since Abdul Azeez was charged at the Sessions Court in January 2019, he had made several representations to the AGC through his lawyers, Kumar Partnership and AmerBon Associates, for the case to be retracted and all charges to be dropped.
Further MACC probe after statutory declarations from key prosecution witnesses
However, through two letters of representation in March 2022, the prosecution received six statutory declarations from the prosecution's key witnesses, leading to another probe by the MACC as there was fresh evidence which had yet to be considered in the case.
Following this, the prosecution applied for a discharge not amounting to an acquittal (DNAA) so that additional investigation could be carried out. The Sessions Court granted the DNAA application on Sept 23.
Following the probe, the prosecution was satisfied that no evidence or facts favoured their case.
Hence, when Abdul Azeez sent another letter of representation to the AGC for a discharge and acquittal on Dec 1, the AGC — after examining the investigation papers — decided to not continue with the charges against Abdul Azeez and not object to his full acquittal.
Abdul Azeez was initially charged with three charges of graft and 10 money laundering charges. However, in early September, the Court of Appeal allowed his application to strike out four money laundering charges.
The trial of the case began on Aug 19, 2020, with seven prosecution witnesses called to testify. However, the trial was halted as he had applied for all charges to be dropped.
It was reported that Abdul Azeez faced three counts of accepting bribes amounting to RM5.2 million and six charges of money laundering worth RM972,414.60 in relation to road projects in Perak and Kedah, for offences allegedly committed between September 2010 and April 2018.
The charges were framed under Section 16(a)(A) and Section 28(1)(c) of the MACC Act 2009, providing for imprisonment of up to 20 years and a fine of not less than five times the amount or value of the bribe, if found guilty.
As for the money laundering charges, they were framed under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, punishable under Section 4(1) of the same Act.
The law provides for imprisonment of up to 15 years and a fine of not less than five times the amount or value of the proceeds of the illegal activity or RM5 million, whichever is higher, if found guilty.