Does AG have power to indemnify, asks Mat Zain?

Does AG have power to indemnify, asks Mat Zain?

Former Kuala Lumpur Criminal Investigations Department chief Mat Zain Ibrahim has continued to question whether attorney-general Mohamed Apandi Ali has the power to indemnify anyone.

This follows a 2011 statement when then de-facto Law Minister Nazri Aziz when answering questions in Parliament had said the AG had no power to indemnify any person against criminal action based on political considerations.

Hence, Mat Zain questioned how Apandi could clear prime minister Najib Abdul Razak of any wrongdoing with regard to the 1MDB and SRC International Sdn Bhd cases in January last year.

“The issue here is if in 2011 Nazri who spoke as a minister in Najib’s cabinet confirmed that the AG had no powers to indemnify anyone on political grounds then, where did Apandi obtain his authority or powers to indemnify Najib of any wrongdoing regarding the RM2.6 billion “donations” and SRC International.

Nazri was then responding to a question from Lim Kit Siang over an open letter by Mat Zain who posed a question with regard to RM40 million found in several bank accounts of then Malacca chief minister Rahim Tamby Chik allegedly through abuse of power and corrupt practices that was investigated by the Anti-Corruption Agency.

Mat Zain said now we have a similar situation where RM42 million from SRC International was found in Najib’s personal account.

Apandi, he added had declared Najib committed no crime.

When Nazri issued the statement in Parliament in 2011, neither did the then AG Abdul Gani Patail or members of Najib’s cabinet challenge his (Nazri’s) statement as incorrect.

This, the former top cop said was despite the fact that based on Sections 409, 409A and 409B of the Penal Code, clearly showed Najib could be charged for criminal breach of trust by public servant or agent.

“Section 409A itself stated that it is no defence even if the property or cash was duly recorded and entered in the books and accounts of any company or association or body of person whether incorporated or not,” he said.

Mat Zain said he had previously warned that Apandi would be in a position of conflict of interest situation if he were to make any decision on allegations against Najib, let alone clear the PM from any wrongdoing

“This is through the evidence that is already available in public domain,” he said.

Does AG have power to indemnify, asks Mat Zain?
7 Jan 2017 – malaysiakini


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