TIME to abolish COMPOUND for serious crimes like corruption, money laundering and even for industrial accidents where lives were lost and injury caused.
OK to maintain COMPOUND for small common speeding, parking offenses or other traffic offences - WHY? Because those who broke laws and committed serious crime should result in charges in court, and COURT decides > not some Minister/Department as COMPOUND offers is an administrative decision NOT a JUDICIAL decision > thus it can be open to abuse and corruption...by the administration...'friends' get a compound offer...and it is also the administration that decide on the amount...Nicky Liow...the maximum could have RM180 million but the compound offer was RM10 million???
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Adam Radlan - Pay COMPOUND, No TRIAL, No Conviction, No Sentence - RM4.1million for charges if convicted may lead to just fine of more than RM50million? ABOLISH Compound for corruption, abuse of power, money laundering, etc...
COMPOUNDS for serious money laundering offences allow government to 'protect the Guilty' from trials and convictions must be abolished??
Can we trust Ministers and even Public Prosecutors where they can allow some law breakers 'get off' scot free by paying a COMPOUND? If they pay the compound, they never get charged -not tried and convicted > hence, they are NOT A CRIMINAL >>> and that is where it is most UNJUST especially for corruption and money laundering cases.
Article 8(1) Federal Constitution > All persons are equal before the law and entitled to the equal protection of the law.
However. it seems that SOME are given GREATER protection under the LAW - and this seems to arise from the actions of the Public Prosecutor/Attorney General, Government Administrative Actions - thus the PRIME MINISTER and the Cabinet members.
TRUE all this concerns the power of the Public Prosecutor/Attorney General - who is 'chosen by the Prime Minister' and King appoints as advised.
The Prime Minister also has the power to remove a Public Prosecutor/Attorney General anytime and there is NO provision to give any reason. This is DANGEROUS -will a Public Prosecutor/Attorney General be removed if he/she does not do as what the Prime Minister wants?
Hence, when the association of Nicky Liow with Anwar Ibrahim and PKR was raised - the QUESTION is whether that 'relationship' had anything to do with what happened in Nicky Liow's case - that led to a discontinuance and an ACQUITTAL.
First, we look at the powers of the Public Prosecutor/Attorney General, and then we will look at some ODDITIES in Nicky Liow's case...
Decisions to INVESTIGATE or decide on NO FURTHER ACTION(NFA) lies with the relevant law enforcement body and/or the Public Prosecutor.
Decision to make a COMPOUND offer - and if the suspected criminal accepts it and pays - Investigation STOPS and the suspect WILL NEVER be charged in Court for the SAME offence ever again. This is an ADMINISTRATIVE(or EXECUTIVE decision) not a JUDICIAL DECIDE - thus very open to ABUSE to protect some - they will never be charged, tried or convicted and sentenced > hence no criminal record.
Decision to CHARGE someone in Court lies with the Prosecution/PUBLIC PROSECUTOR - and one is ONLY charged for an offence only when the Prosecution verily believes it has sufficient evidence to convince the Court/JUDGE that the accused is GUILTY beyond reasonable doubt (or at least a PRIMA FACIE case at the end of the Prosecution, where then the Court will ask the accused to present its case - to raise 'reasonable doubt' to evade being convicted and sentenced in according to LAW.
DECISION to DISCONTINUE a CASE - which will result in a DISCHARGE (that means no more charge) - and here is where the courts reasonably will give a DNAA (DISCHARGE not amounting to an acquittal - which means that if needed, at a later time, the accused may be charged again... ). However, some time the court may go further and ACQUIT - the main reason is that because the Public Prosecutor says he/she has no intention to charge again. [But, now we have the case of Najib Razak where the then AG/Public Prosecutor said Najib did not commit any crime with regards to 1MDB - but a later AG/Public Prosecutor decided otherwise and charged Najib in the SRC and also in the 1MDB case > and the Courts have found Najib GUILTY - thus the then AG/PP had been proven to be WRONG - hence granting an ACQUITTAL based on the position of the then Public Prosecutor/AG of not wanting to charge again...becomes MOST DANGEROUS - Thus, COURTS should JUSTLY not acquit anyone when the AG/PP decides to discontinue a criminal case mid-stream > if the Courts do so, the COURTS may be party in protecting CRIMINALS. Note, further conclusive evidence may emerge later, or the subsequent PP/AG may have a different view. The possibility of the PUBLIC PROSECUTOR/AG 'abusing powers' is HIGH > the possibility of the PP not acting INDEPENDENTLY but on the will/intention of incumbent government is HIGH more so since at present, the PRIME MINISTER can cause the removal of a sitting Public Prosecutor/Attorney General at any time > Malaysian Public Prosecutor/Attorney General has NO SECURITY OF TENURE, and there is NO difficult removal process to remove a sitting Public Prosecutor as we have for JUDGES. Now, the Public Prosecutor can be removed at any time by the Prime Minister...
Constitution
Amendment on the Public Prosecutor - Some observations/Concern.
Indepence need INDEPENDENT appointment process. The right to JUDICIAL
REVIEW - end era of absolute unquestionable power???
Constitution Amendment on the Public Prosecutor - Some observations/Concern. Indepence need INDEPENDENT appointment process. The right to JUDICIAL REVIEW - end era of absolute unquestionable power???
Article 145 Federal Constitution - Attorney General
(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.
(5) Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong...
The Attorney General/Public Prosecutor is appointed on the advice of the PRIME MINISTER ... and he serves during the PLEASURE of the King - meaning NO SECURITY OF TENURE, and the PRIME MINISTER can at any time remove the AG/Public Prosecutor >>> SO, the AG/PP need to be careful not to 'anger' the PRIME MINISTER - if he/she does, he/she may no longer enjoy the PLEASURE of the KING (really the Prime Minister) and can be removed.... NOTE, during the premiership of Anwar, we have already the THIRD AG/PP...
And, what have we seen during the premiership of Anwar Ibrahim
* The discontinuance of Zahid Hamidi case, after the Court found that a Prima Facie case has been proven(a very big hurdle to pass)...result a DNAA. Now, recently, the AG/PP said 'NFA' that led to Zahid applying to court to seek an ACQUITTAL
* In another Zahid Hamidi case, he was acquitted without the Court ordering him to enter his defence - and 'public pressure' and dissatisfaction led the AG/PP filing an APPEAL to the Court of Appeal - but a subsequent AG/PP withdrew that APPEAL suddenly > THUS, the Court of Appeal deprived of chance to confirm that the ACQUITTAL of Zahid was CORRECT OR NOT.
* Then, there was the scandal highlighting the 'crimes' of several known Sabah politicians - then only few charged - and NOT the others > is investigation still proceeding and will they be charged soon?
* Then allegations were raised that ANWAR allegedly asked Azam Baki/MACC to stop investigation on his former aide....A serious crime of a sitting PM > but apparently decision was made not to charge Bloomberg - BUT No news whether Anwar himself was investigated for this alleged crime - no news of even Anwar being called in to give a statement???
Now, NICKY LIOW - my comments
1) Nicky Liow was already charged for 26 money laundering charges involving RM36 million - that means a fine of not less than five times the sum or value of the proceeds will be RM180 million - thus the COMPOUND offer of RM10 million raises serious questions - WHY SO LOW? When the maximum fine would be RM180 million, and the law says Section 92 that the compound offer could be 'such amount not exceeding the maximum fine for that offence' - Now, if only pay RM10 million - does it not mean Nicky keeps the balance RM26million? (see S.4 below)
2) In most laws, compound offer cannot 50% of the FINE, but in this offence, it is 'not exceeding the maximum fine for that offence' - that means the compound offer could have been RM180 million - so WHY was the compound offer so low - ONLY RM10 MILLION?
3) COMPOUNDS are offered normally before investigation is complete and prosecution is yet to charge the suspect. There is a time frame for accepting and paying the compound - and the offer lapses. ONCE charged in Court, justly no compound offer is reasonably made after that - so the fact that in Nicky Liow's case, the compound offer allegedly was made after LIOW charged...AFTER he sent his letters of representations...is MOST ODD. Note when the Public Prosecutor/Attorney General charges a person in COURT, he is confident that there is sufficient evidence to convince the court that the accussed is GUILTY beyond reasonable doubt(or at the very least, confident that a Prima Facie case will be proven at the close of prosecution case - IF NOT, it is an ABUSE OF POWER by the Prosecution???). Thus, no more COMPOUND offers at this stage. Once CHARGED, the matter should be left to the JUDGE/COURT - and thus administrative decisions(not judicial decisions) by the Public Prosecutor/Attorney General to suddenly discontinue criminal cases need to be questioned...Here, the COMPOUND offer reportedly came after Nicky Liow was charged - WHY? WHY? What was the reason for the AG/PP to do this? Whatever dedence Nicky Liow had at this stage - should it not be the COURT that decides whether it is sufficient to find him not GUILTY?
4) With normal COMPOUND offers, once accepted -the law says 'no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.' - that means he should NOT BE CHARGED. It does not say, he will be ACQUITTED? So, the relevant ORDER, if he was mistakenly charged after paying the COMPOUND ought to be DISCHARGED(DNAA) - so why was Nicky Liow ACQUITTED?
5) When one is 'ACQUITTED' it generally gives the impression that the COURTS found that the prosecution failed to prove the accused GUILTY beyond REASONABLE DOUBT, OR failed to prove a PRIMA FACIE case against the accused. These are generally decisions based on COURT considering the evidence and the merits of the case. HERE, it is NOT SO - what happened is that the AG/PP decided not to continue with the criminal trial - thus the JUST order must just be a DISCHARGE - full stop - a DNAA - Discharge not amounting to an acquittal.
Following the representations, the AGC agreed to offer a compound of RM10 million, which Liow accepted and paid on May 29, 2023.
4 Offence of money laundering - ANTI-MONEY LAUNDERING, ANTI-TERRORISM FINANCING, ANTI-RESTRICTED ACTIVITY FINANCING AND PROCEEDS OF UNLAWFUL ACTIVITIES ACT 2001
(1) Any person who-
(a) engages, directly or indirectly, in a transaction that involves proceeds of an unlawful activity or instrumentalities of an offence;
(b) acquires, receives, possesses, disguises, transfers, converts, exchanges, carries, disposes of or uses proceeds of an unlawful activity or instrumentalities of an offence;
(c) removes from or brings into Malaysia, proceeds of an unlawful activity or instrumentalities of an offence; or
(d) conceals, disguises or impedes the establishment of the true nature, origin, location, movement, disposition, title of, rights with respect to, or ownership of, proceeds of an unlawful activity or instrumentalities of an offence,
commits a money laundering offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years and a fine of not less than five times the sum or value of the proceeds of an unlawful activity or instrumentalities of an offence at the time the offence was committed or five million ringgit, whichever is the higher.
92 Power of competent authority to compound offences
(1) The competent authority or relevant enforcement agency, as the case may be, may, with the consent of the Public Prosecutor, compound any offence under this Act or under regulations made under this Act, by accepting from the person reasonably suspected of having committed the offence such amount not exceeding the maximum fine for that offence, including the daily fine, if any, in the case of a continuing offence, to which that person would have been liable if he had been convicted of the offence, within such time as may be specified in its written offer.
(2) Any money paid to the competent authority or relevant enforcement agency pursuant to subsection (1) shall be paid into and form part of the Federal Consolidated Fund.
(3) An offer under subsection (1) may be made at any time after the offence has been committed, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the competent authority or relevant enforcement agency may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4) Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.
DOES EVERYONE WHO GET CHARGED FOR MONEY LAUNDERING OR CORRUPTION GET A COMPOUND OFFER?
RM10 million - you get to keep RM20 million plus > and there is NO RECORD OF GUILT(because not convicted by Court) - so still a CLEAN person with no criminal records??? A GREAT DEAL FOR CRIMINALS - BUT Not so for law-abiding citizen and VICTIMS of crime?
AGC: Nicky Liow made RM10m payment to compound 26 money laundering charges
- Businessman Liow Soon Hee, also known as Nicky Liow, paid RM10 million to settle money laundering charges after the Attorney General's Chambers (AGC) withdrew 26 counts against him, citing a comprehensive review of his legal representation.
- The settlement included a forfeiture of a bond and the confiscation of assets, leading to Liow's acquittal.
- The AGC emphasized that the decision was made independently, based on substantial evidence without external influence, ensuring transparency and justice according to Malaysian law.
- The statement clarified that Liow's release followed all legal conditions, in response to public discourse raised by a recent article.
PUTRAJAYA, Aug 7 — Businessman Liow Soon Hee, better known as Nicky Liow, paid RM10 million to settle money laundering charges after the Attorney General’s Chambers (AGC) accepted his representation and withdrew 26 counts against him.
In a statement today, the AGC said the decision was made in accordance with the Attorney General’s discretionary powers under the Federal Constitution following a detailed review of representation letters submitted by Liow’s lawyers, Tetuan Rajpal, Firah & Vishnu, dated December 15, 2022, and April 6, 2023.
Liow had faced 26 charges under Section 4 of the Anti Money Laundering, Anti Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613) at the Shah Alam Sessions Court on April 12, 2022.
The case had been scheduled for hearings on July 6 and 31, August 1 to 3, August 7 to 10, and September 25 to 27, 2023.
Following the representations, the AGC agreed to offer a compound of RM10 million, which Liow accepted and paid on May 29, 2023. The settlement also included the forfeiture of a bond worth RM647,366 and the confiscation of assets seized during investigations.
In line with Section 92 of Act 613, the AGC subsequently withdrew all charges against Liow. On June 15, 2023, the Shah Alam Sessions Court ordered that he be released and acquitted of all counts.
The AGC stressed that the decision was made independently and based on evidence obtained through comprehensive investigation, without external pressure or public sentiment.
It said the process was conducted professionally and with integrity, in accordance with existing laws, to ensure transparency and uphold justice within Malaysia’s legal system.
The statement also referred to an article published by Free Malaysia Today on August 5, 2026, titled “30 CSOs urge AG to explain DNAA for Nicky Liow”, reiterating that Liow was not released without legal action but only after fulfilling all conditions set under the law. - Malay Mail, 7/8/2026
The Attorney-General’s Chambers clarified that businessperson Liow Soon Hee, better known as Nicky Liow, was not released without any legal action being taken against him.
In a statement today, it said Liow had been charged with 26 counts of money laundering under Section 4 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The charges were filed at the Shah Alam Sessions Court on April 12, 2022.
It said Liow (above), via his lawyers, then submitted representations dated Dec 15, 2022 and April 6, 2023, seeking to have all 26 charges compounded under Section 92 of the same Act.
After reviewing the representations and the available evidence, the AGC said the prosecution agreed to offer a RM10 million compound, which Liow accepted and paid on May 29, 2023.
"The department stresses that the decision taken was in line with the powers and discretion of the attorney-general under the Federal Constitution and relevant laws.
"It was also implemented in accordance with legal provisions based on evidence from the investigation as a whole without being influenced by external pressure or public sentiment, taking into account the integrity of the prosecution process and the need to ensure transparency in the criminal justice system," the AGC said.
Pressed to disclose
Last week, former Batu PKR chief Asheeq Ali Sethi Alivi pressed the AGC to disclose why the prosecution withdrew its case against Liow.
This came after Liow’s lawyer, Rajpal Singh, confirmed that his client was granted a discharge not amounting to an acquittal (DNAA) and released on June 15, 2023, after the AGC accepted a representation letter from Liow.
The lawyer added that Liow had also paid the Inland Revenue Board (IRB) almost RM400,000 in outstanding taxes to settle his charges for incorrectly submitting tax return forms under the Income Tax Act 1967.
Liow had pleaded not guilty to all 26 charges, framed under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
The businessperson, who was charged in his capacity as a company director, faced up to 15 years in jail and a fine of at least five times the sum obtained from money laundering or RM5 million, whichever is higher.
On July 7, 2022, the Court of Appeal acquitted and discharged 14 individuals, including two of Liow’s siblings, from charges of being involved in the organised crime group known as “Gang Nicky” five years ago.
A three-judge panel made the unanimous decision after Rajpal informed the court that the AGC had received representations from all appellants to be fully acquitted of the charges, following the High Court’s order for a DNAA.
Liow’s name recently made headlines again after he was pictured wearing a PKR Youth shirt at a fundraiser event alongside PKR president and Prime Minister Anwar Ibrahim.
The businessperson’s lawyer has since affirmed that Liow’s presence at the occasion was based on an open invitation to NGOs, one of which he was a member. - Malaysiakini, 7/8/2026
He pleaded not guilty before judge Helina Sulaiman, and said he understood the charges against him.
All charges were under Section 4(1) of the Anti Money Laundering Act, according to The Star.
Liow faces up to 15 years in jail and a fine between RM5 million and up to five times the amount involved.
The court granted him bail of RM1 million in two sureties. He was also required to surrender his passport.
Prosecutors had argued that he should not be granted bail, citing a risk that he may abscond.
Liow had been on the run for over a year before he turned himself in at the Bukit Aman Commercial Crimes Investigation Department headquarters along Jalan Tun Razak yesterday.
Also known as “Datuk Seri Nicky”, the founder of Winner Dynasty Group landed on the police's wanted list for his alleged involvement in a syndicate dubbed “Gang Nicky”.
Police believe the syndicate was involved in various organised crimes such as fraud and money laundering.
Liow was reportedly investigated under Sections 130V to 130ZB of the Penal Code for organised crime-related activities.
Nicky Liow cleared of RM36mil money laundering charges after representation accepted [WATCH]
KUALA LUMPUR: Businessman Nicky Liow has been fully acquitted on 26 money laundering charges involving more than RM36 million after the prosecution withdrew the case three years ago.
His lawyer, Datuk Rajpal Singh, confirmed that the Attorney-General's Chambers (A-GC) decided not to proceed with the prosecution after it accepted a representation letter from Liow, whose actual name is Liow Soon Hee.
The lawyer said his client also had settled RM400,000 in outstanding taxes with the Inland Revenue Board (IRB) to settle his charges for incorrectly submitting tax return forms under the Income Tax Act.
"We sent a representation letter to the A-GC and they accepted it. He was released on June 15, 2023," he said when contacted.
A representation letter is a formal request by the defence to the A-GC seeking a review of the charges, typically asking for them to be withdrawn, reduced or reconsidered based on legal or factual grounds.
According to the charge sheets, Liow as a company director was allegedly involved in money laundering and possessing monies believed to be proceeds from unlawful activities.
He was accused of committing the offence in several places near the Klang Valley between 2016 and 2021.
The charges were framed under Section 4(1)(a) and 4(1)(b) Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA).
The offence under AMLATFPUAA carries a jail term not exceeding 15 years' and a fine of at least five times the sum obtained from money laundering or RM5 million, whichever is higher, upon conviction.
On April 9, 2021, Liow and his brother were charged in the Petaling Jaya Sessions Court for allegedly being members of an organised crime group.
Liow was charged in absentia.
However, Liow voluntarily surrendered to the police on April 11, 2022. He was charged with 26 money laundering charges the next day.
On July 7, the same year, the Court of Appeal acquitted and discharged 14 accused, including Liow's two younger brothers from charges of being involved in the organised crime group.
This is after the A-GC had received representations from all appellants to be fully acquitted of the charges.
On July 24, 2023, Liow's younger brother Liow Wei Kin was also freed from tax evasion and money laundering charges after he paid RM4.147 million worth of unpaid taxes, special penalty, fine and compound for his money laundering charges.
Liow, who is the founder of Winner Dynasty Group, had been tracked down by the police over a Macau Scam syndicate after 68 of its members were arrested in "Op Pelican 3.0" in March 2021.
On April 26, the same year, the Pahang palace stripped Liow of the Darjah Kebesaran Darjah Sri Sultan Ahmad Shah Pahang (SSAP) which carries the title of Datuk Seri.
Liow recently made headlines after a photograph of him wearing a PKR shirt alongside party president and Prime Minister Datuk Seri Anwar Ibrahim surfaced online, sparking speculation over the status of his court case.
On July 26, PKR secretary-general Datuk Fuziah Salleh denied that Liow was a party member, saying there was no record of him having applied for membership.
Liow later told reporters that the PKR Youth shirt he wore had been purchased at a charity event and did not indicate any affiliation with the party.
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