[UPDATED] Ahmad Maslan acquitted on RM2 mil money-laundering charge

KUALA LUMPUR – The high court here today acquitted Umno secretary-general Datuk Seri Ahmad Maslan on a money-laundering charge involving RM2 million.

The former deputy finance minister was freed from allegations of failing to declare the sum he received from ex-prime minister Datuk Seri Najib Razak to the Inland Revenue Board, as well as of giving false statements to the Malaysian Anti-Corruption Commission.

On the money-laundering charge, Ahmad was purported to have violated Section 113(1)(a) of the Income Tax Act 1967 by not stating his real income on the RM2 million he received from Najib, for the assessment year 2013.

He was also accused of giving false statements to MACC when questioned by investigating officer Mohd Zairi Zainal on the issue, in Parliament’s media conference room on July 4, 2019.

Bernama reported that judge Datuk Ahmad Shahrir Mohd Salleh ordered the Pontian MP to be freed after deputy public prosecutor Mohd Mukhzany Fariz Mohd Mokhtar informed the court that the prosecution is withdrawing the two charges after the accused paid a compound of RM1.1 million yesterday.

“In making the application not to proceed with the prosecution against the accused, the DPP confirmed that the accused will not be charged again with the same charges. This is due to the fact that the accused has accepted the offer of a compound and settled the payment.

“In accordance with Section 254 of the Criminal Procedure Code, and the decision of the Court of Appeal in the public prosecutor’s case against Ambika M.A. Shanmugam, the court hereby orders that the accused be acquitted and discharged on the first and second charges.

“All the dates that had been fixed to hear the case have been vacated.”

Earlier, Mukhzany Fariz told the court that the prosecution had applied for Ahmad to be given a discharge not amounting to an acquittal (DNAA) on both charges.

“Before this charge was made against the accused, the accused was offered a compound, but he initially did not agree to pay the compound.

“After the charges were read out to him, his lawyer sent a letter of representation and agreed to pay a compound of RM1.1 million.

“Therefore, MACC and AGC (Attorney-General’s Chambers) agreed with the accused’s representation… and with this, the prosecution agreed for the case to be given a DNAA.”

Shahrir said the attorney-general is empowered under Article 145(3) of the constitution to initiate, conduct or discontinue any proceedings for an offence.

“This power of prosecution may be exercised by the attorney-general at his discretion. Section 376(1) of the Criminal Procedure Code further strengthens this position, and states that the attorney-general shall be the public prosecutor, and shall have control and direction in all criminal prosecutions.

“When the public prosecutor exercises his power under Section 254(1) of the Criminal Procedure Code not to further prosecute the accused, it is the duty of the court to consider whether the accused should be given an acquittal without a discharge, or acquitted and discharged.”

He said the matter concerns judicial discretion that must be considered in accordance with the law.

MACC in a statement said the RM1.1 million compound was issued as a punitive act and a form of asset recovery under laws against money laundering.

It said previously, Ahmad was offered the “compound deal” in October 2019, but he chose to go to court then.

“Accordingly, he was charged with two counts under Sections 4(1) and 32(8)(c) of the Anti-Money Laundering Act on January 20, 2020. During the trial period, he submitted representations, and agreed to return to pay the compound.” – The Vibes, September 29, 2021