KUALA LUMPUR (Dec 9): A third of corruption cases involving current and former elected representatives since 2018 were dropped by the Attorney General’s Chambers (AGC), raising concerns about transparency and consistency in law enforcement, according to NGO Projek Sama.
The NGO reviewed 28 corruption, criminal breach trust (CBT) and money-laundering cases involving 21 politicians, focusing on trial-stage charge withdrawals that resulted in DNAA (Discharge Not Amounting to Acquittal) or DAA (Discharge Amounting to Acquittal). Of these, 10 cases were withdrawn by the AGC, with only three considered legitimate — due to death, technical corrections, or pre-trial compound payments.
The report focuses on prosecutorial decisions such as delays, mid-trial withdrawals, and failures during appeals, but does not analyse the courts’ reasons for granting DNAA or DAA.
It takes the position that DAA for politicians accused of corruption, criminal breach trust and money-laundering cases can be valid and legitimate after a proper trial but DAA or DNAA caused by withdrawal of charges under section 254 of the Criminal Procedure Code (CPC) or inordinate delay in prosecution or appeal by the AGC will erode public confidence.
High-profile cases highlighted include:
Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi: A prima facie case was established and 77 days of trial completed in the 40-charge Yayasan Akalbudi case before the AGC withdrew the charges, leading to a DNAA. The late-stage withdrawal has raised concerns about inconsistent prosecutorial standards.
Former finance minister Lim Guan Eng: In 2018, prosecutors dropped two corruption charges following Lim’s Letter of Representation (LoR). The reasons were not made public. The judge granted a DAA, but the undisclosed LoR leaves questions about fairness and consistency.
Sabah governor Tun Musa Aman: All 46 corruption charges were withdrawn before trial, based on an LoR and an affidavit from a former attorney general, resulting in a DAA.
Projek Sama said these three cases show a troubling reliance on undisclosed LoRs, with no public explanation for why charges were dropped, undermining transparency and accountability.
The NGO also noted that prolonged DNAA periods — some lasting up to 1,917 days — make it more likely that defendants will later obtain full acquittals, turning DNAA into a pathway to DAA.
Former prime minister Datuk Seri Najib Razak remains the only politician imprisoned, convicted for CBT and abuse of power involving RM42 million from SRC International.
Projek Sama called for major reforms, including:
Prosecutorial reform: Beyond separating the Attorney General and Public Prosecutor roles, reforms should include independent inspections, parliamentary oversight, codes of conduct, and mandatory reporting.
Political financing reform: A Political Financing Act to define legitimate donations, amendments to the Election Offences Act to curb excessive spending, and public funding based on votes to reduce reliance on private donors.