Wednesday, January 27, 2016

Look again : Apandi did in fact admit that Najib has a prima facie case to answer: AG forgets that giving of even RM 1 counts as corruption under the MACC Act

by Ganesh Sahathevan

These paragraphs from The Malaysian Insider report about AG Apandi's findings of the MACC case against PM Najib suggest an admission on the part of learned Apandi that PM Najib has in fact a case to answer for breaches of the MACC Act:

The prime minister returned the donation given by the Saudi royal family as it was not utilised, Attorney-General Tan Sri Mohamed Apandi Ali said today in the first public explanation on where the money had gone. Apandi said this was one of the reasons Datuk Seri Najib Razak had been cleared of any wrongdoing over the RM2.6 billion in his private bank accounts.

However, Apandi himself admits that not all of money was returned:

"Furthermore, in August 2013, a sum of US$620 million (RM2.03 billion) was returned by Yang Amat Berhormat PM to the Saudi royal family because the sum was not utilised." A sum of US$681 million (RM2.08 billion) had been deposited into the prime minister's personal accounts between March 22, 2013 and April 10, 2013, and Apandi said based on evidence from witnesses and supporting documents submitted by the anti-graft agency, the money was a personal donation to Najib from the Saudi royal family which "was given to him without any consideration"
Taken together Apandi admits that Najib did in fact keep some of that "donation".That it constitutes only a part of the total amount is not relevant.

For Apandi to then conclude, despite his own analysis of the facts that :
"I am satisfied that there is no evidence to show that the donation was a form of gratification given corruptly.;
is incorrect given the MACC Act's presumption of guilt.This is explained in the post below.


Onus on Najib to call Al-Sauds as witnesses in his defence: Apandi ignores case of Datuk Harun Idris & provisions of MACC Act in letting Najib off the hook

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