KUALA LUMPUR – Tan Sri Mohamed Apandi Ali told the high court here today that the investigation into 1Malaysia Development Berhad (1MDB) and SRC International Sdn Bhd (SRC International) was only classified as no further action (NFA) and was never closed during his tenure as the attorney-general (AG).
He said even when he left the post in 2018, the investigations were still ongoing.
“Any investigators could reopen the probe if new evidence surfaced.
“The investigation was never completed even until the day I left the Attorney-General’s Chambers (AGC),” he said when cross-examined by lawyer Ramkarpal Singh in the trial of his defamation suit against DAP’s veteran Lim Kit Siang before judge Datuk Azimah Omar.
Apandi also said that he did not clear the former premier from the 1MDB and SRC International related charges, but only on the RM2.6 billion donation.
Ramkarpal: The press release (dated January 26, 2016) which you read at the press conference, had cleared former prime minister Datuk Seri Najib Tun Razak of any wrongdoings in SRC International. Do you agree, that it is because in your view the funds came from the donation instead of SRC International?
Apandi: I did not mention the source of the funds in the press release, I only mentioned that there was no evidence that Najib had abused his position as the Prime Minister.
Ramkarpal: So you said there was no evidence that the money came from SRC International?
Apandi: At that material time.
Apandi also said that in his 47 years of experience in the legal arena he had never committed any wrongdoing or “assisted” anyone related to 1MDB or SRC International.
Ramkarpal then questioned Apandi about a report claiming that the then AG refused to act on the Malaysian Anti-Corruption Commission (MACC) review panel’s recommendation to press charges against Najib.
Ramkarpal: This report was quite damaging and one of the review panel members, Lim Chee Wee, alleged that you did not act upon the fact that RM42 million had entered the former prime minister’s bank account. You were given a chance to respond but you did not.
Apandi: I was of the opinion it was not worth responding to.
On July 5, 2019, Apandi sued Lim and said in his statement of claim that on May 6, 2019, Lim had written and caused to be published an article titled “Dangerous fallacy to think Malaysia’s on the road to integrity” in Malaysiakini.
He claimed that the alleged contents of the article were libellous and implied that he was involved in crime, had abetted in the 1MDB financial scandal, was a person with no morals and integrity, was unethical and had abused his power when he was the AG.
Apandi who was the AG from July 27, 2015, to June 4, 2018, contended that the libellous words were untrue and written with the intention of tarnishing his image and credibility as a former Malaysian AG for cheap publicity.
He is seeking aggravated and exemplary damages, as well as RM10 million in general damages, an injunction to prevent Lim and/or his agents from publishing the alleged defamatory words again and other relief deemed fit by the court.
The hearing continues tomorrow. – Bernama, April 5, 2021
