This article first appeared in The Edge Financial Daily, on January 22, 2016.

KUALA LUMPUR: It is a normal and accepted practice for the attorney-general (AG) to return investigation papers for further probe or additional information, the Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Abu Kassim Mohamed said yesterday.

In a live interview aired on the MACC’s My Anti-Corruption Channel, he said many people were confused and unfamiliar with the investigation process.

“To have the file returned and updated is normal. [In fact] it is not normal if the AG decides not to return them.

“Many people are confused about this. There is nothing unusual about it. They were returned to us so that we can take necessary action and they will be forwarded again to AG’s Chamber,” he said.

He confirmed that the MACC had received the papers a few days ago.

Abu Kassim said this in response to questions about AG Tan Sri Mohamed Apandi Ali’s decision to return investigation papers on the RM2.6 billion donation and SRC International Sdn Bhd to the MACC to obtain further clarification.

Mohamed Apandi said in a statement that he wanted additional information on suggestions and recommendations the MACC had made on the two cases. 

The MACC on Dec 31 last year submitted to the AG’s Chamber the investigation papers on SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB), and the RM2.6 billion donation made to Prime Minister Datuk Seri Najib Razak, found in his private accounts.

Mohamed Apandi on Jan 8 said he would go through in detail the investigation papers submitted by the MACC, but added that he needed time to do so.

Najib in the meantime said the RM2.6 billion deposited into his personal bank accounts was a donation and the transactions were all above board. The prime minister also denied the money was from public funds or had links to 1MDB.

Abu Kassim also said the task of the MACC is only to investigate and it has no power to prosecute, hence, it cannot answer why individuals they investigate are not prosecuted.

“We are like a ‘contractor’, we only build houses [and] we are also waiting for the CF.

“We work hard to complete it, so if we do not get it because it does not fit the specifications, we can accept that. But if it is rejected for no specific reason, we also get frustrated,” said Abu Kassim, using the analogy to explain the power of the MACC and public confusion over its role.

He added that investigations did not necessarily mean the persons involved would be prosecuted. It could be used to clear up a person’s name of any accusations.

“If I were them, I would welcome such investigation. I get to clear up my name,” he said.

Last month, Minister in the Prime Minister’s Department Datuk Paul Low said the government does not plan to empower the MACC to initiate prosecution in graft cases without referring to the AG. — The Malaysian Insider