Rosmah’s acquittal: Prosecution reform calls grow after high-profile acquittals

We, the undersigned organisations, urge Prime Minister Anwar Ibrahim to announce a concrete timeline for the separation of public prosecution from the Attorney General Chambers.

Further, before this separation is complete, the PM must make a commitment to the public that the chambers will not file for a discharge amounting to an acquittal or not amounting to an acquittal, withdraw its appeal, fail to file an appeal in time, or commit litigative errors to enable an acquittal for any case of corruption, abuse of power, money laundering, criminal breach of trust or tax evasion involving politicians, their families and associates.

If any VIP suspect was to walk free from their charges, it must be the decision of the judges after a full trial and upon final appeal, not that of the attorney general appointed by the PM.

While we welcome the Attorney General’s Chambers immediate announcement to file an appeal against Rosmah Mansor’s acquittal today by the Kuala Lumpur High Court on all 12 money laundering charges involving RM7m and five charges of tax evasion, it is far from enough to restore public confidence.

High Court judge K Muniandy ruled that the charges were bad in law. The money-laundering charges apparently did not even specify the key elements of the money-laundering offences.

In fact, public confidence in the Attorney General’s Chambers has long been shattered by a series of flawed decisions or misconduct, which include:

• 12 December, just last week, the chambers withdrew its appeal to the Court of Appeal, against Deputy PM Zahid Hamidi’s earlier acquittal on 40 corruption charges related to the foreign visa system at the Court of Appeal
• 27 November: the chambers failed to deliver the necessary documents for the trial to proceed, resulting in a discharge not amounting to an acquittal for former Prime Minister Najib Razak on the charge of criminal breach of trust involving International Petroleum Investment Company over a sum of RM6.6bn
• 4 September 2023, the chambers applied for a discharge not amounting to an acquittal for Zahid Hamidi on all his 47 charges after 77 days of trial, testimony by 99 prosecution witnesses and a prima facie case
• 12 September 2023, the chambers failed to file appeal documents in time, resulting in the affirmation of an acquittal for Najib on the tampering of a 1MDB audit document

Anwar cannot excuse his responsibility, as he tried in Zahid’s discharge not amounting to an acquittal, when kleptocrats walk free under the watch of the attorney generals he chose and put in place.

As long as public prosecution is not separated from the Attorney General’s Chambers, and the attorney general’s tenure is controlled by the PM, the buck stops with the PM, not the attorney general.

Issued by:

1. Project Stability and Accountability for Malaysia (Projek Sama)
2. The Institute for Democracy and Economic Affairs (Ideas)
3. Pergerakan Tenaga Akademik Malaysia (Gerak)
4. Coalition for Clean and Fair Elections (Bersih)
5. Institut Reformasi Politik dan Demokrasi (Reform)
6. Engage
7. Agora Society Malaysia
8. Rasuah Busters
9. Saya Anak Bangsa Malaysia (SABM)
10. Aliran

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama

1. Tegakkan maruah serta kualiti kehidupan rakyat
2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
3. Raikan kerencaman dan keterangkuman
4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
5. Lawan rasuah dan kronisme

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