I am shocked to have read a statement by the Malaysian Anti Corruption Commission (MACC) today that it was shocked that former Penang Chief Minister Lim Guan Eng was acquitted by the Penang High Court for two counts of corruption after the prosecution told the court that it wished to withdraw the said charges.
It is ridiculous for the MACC to claim ignorance of today’s development when the director of its own legal and prosecution division, Mohd Masri Daud informed the court that he was withdrawing the said charges. I was in court this morning with other counsels for both accused persons and there was not a hint of dissatisfaction from Masri or his team reflecting MACC’s said claim.
The learned judge was right to have acquitted both Lim Guan Eng and Phang Li Khoon this morning as this is consistent with recent trends.
In 2015, National Feedlot Corporation executive chairman Datuk Seri Dr Mohamad Salleh Ismail, the husband of former UMNO Wanita chief Shahrizat Abdul Jalil, was acquitted of two charges of criminal breach of trust (CBT) involving some RM49.7m after the prosecution informed the court that it did not wish to pursue the matter.
In this case, both accused persons had submitted extensive and detailed representations to the Attorney General (AG) as to why the charges ought to have been withdrawn which were considered before today’s development.
The learned judge exercised the powers vested in her by ordering an acquittal as opposed to a discharge not amounting to an acquittal. There was absolutely no error on her part in doing so, particularly when the prosecution itself indicated that it did not wish to proceed.
The MACC’s statement that it is shocked implies that Masri was not aware of the AG’s decision to withdraw the charges. Masri should clear the air and confirm that he surely did.
There is nothing shocking about today’s acquittal as no man should be left with a possible prosecution in the future hanging over his head by the grant of an order of a discharge not amounting to an acquittal, especially when there is a clear indication that the prosecution wishes to withdraw that charge against him.
This is elementary and the MACC’s failure to understand this is most unfortunate.