A COALITION of 30 civil society organisations has urged Attorney General Tan Sri Mohd Dusuki Mokhtar to explain the reasons behind the decision to grant a discharge not amounting to an acquittal (DNAA) to businessman Liow Soon Hee, better known as Nicky Liow, in a money laundering case involving more than RM36 million.
The coalition said the Attorney General’s Chambers (AGC) should disclose why the prosecution halted proceedings against Nicky, as well as the considerations that led to the decision.
It said the DNAA order, granted in June 2023, only became publicly known recently after Nicky’s lawyer, Datuk Rajpal Singh, confirmed that the order was issued on June 15, 2023, following representations submitted by the businessman.
"After more than three years, the AGC has yet to explain why the representation was accepted, the considerations behind the decision, or whether the charges will be reinstated in the future.
"The issue is not merely about the outcome of one case, but about transparency.
"The public has the right to know why prosecution was discontinued, rather than learning about it through a defence lawyer’s press conference several years later," the coalition said in a statement.
Nicky was reported in July to have been discharged from 26 money laundering charges after prosecutors withdrew the case three years earlier.
Rajpal previously said Nicky had settled RM400,000 in outstanding tax arrears with the Inland Revenue Board (LHDN) to resolve charges linked to income tax return submissions under the Income Tax Act.
Based on the charge sheets, Nicky, who was a company director, was accused of laundering money and possessing funds believed to have originated from unlawful activities at several locations in the Klang Valley between 2016 and 2021.
The charges were brought under Sections 4(1)(a) and 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA).
The coalition also called on the AGC to reveal the basis of the DNAA decision, the factors considered and the timeline leading to the order.
It further urged the AGC to clarify its position on any remaining charges that have yet to be resolved.
The group called on the Parliamentary Special Select Committee and Parliament to ensure that any future legislation separating the roles of Attorney General and Public Prosecutor includes statutory guidelines governing prosecutorial discretion.
It also proposed that the reforms require the publication of annual reports containing detailed statistics on discontinued prosecutions, the reasons behind such decisions and their eventual outcomes.
"These obligations must take effect alongside constitutional amendments, rather than being introduced at a later stage.
"Separating the roles without such safeguards would only represent a change in structure, rather than the foundation for meaningful transformation," it said. - August 5, 2026