50 Presumption in certain offences (The MACC Act)(1) Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.
Wednesday, October 14, 2015
AG Apandi Ali should inform us the status of the investigation on the alleged corruption of Najib, our Prime Minisiter?
We in Malaysia do get distracted too easily...by the Media and politicians... we forget that the still unresolved issue is the allegation of corruptions against Najib Tun Razak, our Prime Minister...
Suddenly, it seems to be all about 1MDB - and note whether the RM2.6 billion, as alleged by some, came from 1MDB or not is irrelevant when it come to the alleged corruption of Najib Tun Razak.
We recall that a sum of about RM2.6 billion allegedly was found in his possession - that is in his personal bank accounts. It certainly was not his salary or allowance as Prime Minister, and Member of Parliament. It was too large an amount, and given that the fact that Najib Tun Razak is a public servant (or an officer of a public body) - the presumption would be that this was money corruptly received.
What has happened to that investigation? Is the police and the MACC still conducting their investigation on Najib, or has it all been 'dropped'?
Under the MACC Act, relying on the Section 50 presumption, the Public Prosecutor should have long charged Najib in court - and Najib would then have the full opportunity to prove to the court that he is not corrupt...
On this particular case, what is most sad is the fact that our suspect, Najib Tun Razak, have been rather quite - and most of the 'justification', or rather alleged 'justifications' for the RM2.6billion have been coming from others - not from Najib personally.
On the recent announcement by AG Apandi Ali on 1MDB, there are things that he said which are rather interesting, which I do hope to comment in a subsequent posting.
What comes out there is also the role of the Public Prosecutor?