Head of the Prosecution Division says 'charge sheet' against PM Najib didn't come from AG's Chambers
The Attorney-General's Chambers (AGC) has denied that it had drafted or issued an alleged charge sheet against Prime Minister Datuk Seri Najib Razak, which was disclosed by whistleblower site Sarawak Report. Datuk Tun Abdul Majid Hamzah, who is the Deputy Solicitor General I (Litigation) in the AGC, said this via his Twitter account tonight.themalaysianinsider.com
@bernamadotcom draft pertuduhan yg diterbitkn oleh Sarawak Report tidak dibuat atau dikeluarkn oleh Jab Peguam Negara. Harap maklum.— Tun Abd Majid (@TAMajid) July 30, 2015
Earlier, newly appointed attorney-general Mohamed Apandi Ali told Malaysiakini he was not aware of the matter.
"I don't know anything about the report so I cannot comment, okay?" he said. Asked if he considered this a serious matter, he replied: "I don't know, it's not for me to comment."
Responding to another question if he would look into the matter, Apandi, who assumed the attorney-general post on Monday, said: "I am very tired, so can I take a rest? Thank you."
Later, the newly appointed Attorney-General released an official statement, saying that "the allegations by foreign national Clare Rewcastle Brown in political blog Sarawak Report are false." Apandi also claimed that the "alleged charge sheets are not in and never reached the Attorney General’s Chambers. Furthermore, the format of the sheets is not correct or written by our Chambers."
Adding that as the Special Task Force's investigation into 1MDB has not been completed yet, he said it's not legally possible for charge sheets to be drafted in advance.
"These alleged charge papers therefore indicate that there is a conspiracy to topple a serving Prime Minister by criminalising him, and that the methods include doctoring and criminal leakage." read the statement posted on Malaysia Today.
Responding to the latest development, Inspector-General of Police Khalid Abu Bakar said that Sarawak Report should not confuse the public and asked that the rumours be stopped. The nation's top cop also tweeted a screen capture of Majid's statement and said that it only confirmed what he had said earlier.straitstimes.com
Urban Wellbeing, Housing and Local Government Minister Datuk Rahman Dahlan also took to Twitter about Sarawak Report's allegations, saying: "Clare Brown and charge sheet? Yawnnnnn..... Zzzzz."
He was referring the founder and editor of the site Clare Rewcastle-Brown, who has accused of tampering evidence on her reports of the controversial state investment fund 1Malaysia Development Berhad.
Commenting on the matter, PKR vice-president Rafizi Ramli, who had seen the draft charge sheet, said it carries a most serious charge against the prime minister.
"While the draft charge sheet might not have much legal weight, the circumstances surrounding the removal of the attorney-general, when put in the context of this draft charge, will further strengthen the public perception that the removal of the AG and the cabinet reshuffle was politically motivated in connection to the ongoing investigation against the prime minister and 1MDB.
"As if it is not bad enough that Malaysia has been stuck with an on-going power tussle among the Umno ruling elite, the credibility of the prime minister is now further eroded by an allegation that he pre-empted his arrest by removing the AG and effecting a hasty cabinet reshuffle," Rafizi told Malaysiakini.
Earlier on 28 July, hours before PM Najib reshuffled his Cabinet, Abdul Gani Patail, who was involved in the ongoing probe on 1MDB, was sacked from his post as the Attorney-General. While his health was cited as the reason by the government, Sarawak Report on Thursday, 30 July, released documents, claiming otherwise.
According to the UK-based whistleblower site, currently blocked in Malaysia by the MCMC, the real reason behind Abdul Gani's termination from his AG post is that he was "on the brink of bringing charges for corruption against the Prime Minister of Malaysia"
From Sarawak Report:
"We have acquired the secret documents, which Gani Patail was in the process of drafting. They include a charge sheet for corrupt practices under Section 17 (a) of the MACC Act, allowing for (sic) punishment of a sentence of up to 20 years in prison under Section 24 of the Act."
"In an unprecedented situation the person being charged was none other than the Prime Minister "Dato' Seri Mohd Najib Bin Tun Abdul Razak" along with a company director, Dato' Shamus Anuar Bin Sulaiman."
Sarawak Report further claims that the documents, which were being worked in their final draft stages by the former AG, were sent to them following his sacking and have since been verified by other senior parties.
Arrest Warrant for PM Najib, as published by Sarawak Report:
From Sarawak Report:
"In English the first of two draft warrants spell out the charges being brought by Malaysia's most senior law officer (who was unconstitutionally dismissed by the Prime Minister the day after these drafts were printed)."
The warrant cites that the Prime Minister and Shamsul Anuar and "another person still at large Nik Ariff Bin Faisla Kamil" on 26th of December 2014 at the AmIslamic Bank, Bangunan Ambank Group in Kuala Lumpur, as an agent of the Malaysian Government, namely the Prime Minister of Malaysia and special advisor of SRC International, did secretly obtain a sum of money amounting to RM27 million that was paid through the company Gandingan Mentari and Ihsan Perdana to "your account at AmPrivate Banking -1MY no 211201101880" with the principal aim of obtaining a loan from Kumpulan Wang Persaraan pension fund."
"As such you have committed an offence under Section 17(1) of the Malaysian Anti-Corruption Act of 2009, under which you can be punished according to Section 24 of the Act, to be read with Section 34".
"The punishment cited at the base of the document is imprisonment of not more than 20 years and a fine not less than five times of the value of the bribe taken or RM10,000, whichever is higher."
And this is a second, alternative draft charge, which relates to the same act on the same day, but refers more specifically to the Prime Minister's position of trust with regard to the company SRC. It was being worked on by the Attorney General, claimed Sarawak Report:
In English it reads (as translated by Sarawak Report):
The first draft of the charge (alternative)
That you on 26.12.2014 in AmIslamic Bank Berhad, AmBank Group Building, No. 55 Jalan Raja Chulan, Kuala Lumpur Federal Territory as an agent, as Prime Minister and Finance Minister of Malaysia and Special Adviser (Emeritus Advisor) Company SRC International Sdn Bhd which in that capacity, is entrusted with the control of the fund company, has criminal breach of trust funds, namely dishonestly disposing of SRC International Sdn Bhd Company amounted RM27juta to your account AmPrivate Banking-1MY no. 2112022011880 via coupling Mentari Sdn Bhd Corporate and Company Ihsan Perdana Sdn Bhd. Therefore you committed the offense and punishable taken of Section 409 of the Penal Code, read together with section 34 of the Penal Code
Sabit errors can be jailed for a minimum of 2 years and a maximum of 20 years and with whipping, and a fine.
Headquarters Complaint No. AU / Rpt No. 252/2015
Regarding the sacking of the former AG, the whistleblower site, which earlier exposed PM Najib's direct involvement in the dept-laden 1MDB scandal, claimed that Abdul Gani was on his way to his office when he was dismissed from his services by Ali Hamsa
A close insider has now confirmed to Sarawak Report that Patail had arrived at his office on Monday morning expecting to finalise the extremely sensitive charges he was preparing against the Prime Minister, resulting from the investigations of the multi-agency task force into 1MDB.
“He was finalising it. He went to his office and found he could not go in. Ali Bin Hamsa, the Chief Secretary to the Government, was waiting and he told him [the Attorney General, Abdul Gani Patail] that he was dismissed. He could not even get his papers.”