KUALA LUMPUR: Former Sabah chief minister Tan Sri Musa Aman was today acquitted and discharged of all 46 criminal charges linked to timber concessions contracts in the state.
This was after deputy public prosecutor Datuk Azhar Abdul Hamid told the court that the prosecution is withdrawing all the corruption and money-laundering charges against the accused.
"The prosecution is withdrawing all charges in both (corruption and money-laundering) cases," he said.
Musa's lawyer, Francis Ng Aik Guan, subsequently asked for a full acquittal to avoid the charges hanging over his client's head.
"There must be a finality, and this is why we urge the court for a proper decision and that can only be an acquittal out of fear that the accused would be charged again," he said.
To support the application for acquittal, Francis referred to previous case files among others from the Independent Commission against Corruption of Hong Kong (ICAC).
He said in 2011, ICAC carried out investigations against Musa in which the commission found that no offence was committed and that no charges should be brought against Musa because no offence had been disclosed.
Malaysian Anti-Corruption Commission (MACC), he said, took a similar stand and this was also affirmed by former Attorney-General Tan Sri Abdul Ghani Patail in an affidavit filed by the defence.
Muhammad Jamil then granted Musa an acquittal and discharge of all 46 charges.
"The accused is therefore acquitted and discharged of the charges and his bail money to be returned," he said.
The judge also vacated the trial dates which were previously fixed from September to November.
He also struck out two other applications made by the defence which were to strike out the charges against Musa as well as to challenge the constitutionality of Section 82(2) of the Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (Amlatfapuaa) 2001.
Later, after the proceedings, Francis expressed how delighted the defence was by the court's decision.
"We are happy. We feel that it is a fair and correct decision," he said.
Musa, 69, who is Sungai Sibuga assemblyman, was first brought to court on Nov 5, 2018 to face corruption charges and later on March 5, 2019, he was charged with 16 counts of money-laundering.
On the 30 counts of corruption, Musa in his capacity as Sabah chief minister and Sabah Foundation Board of Trustees chairman, allegedly received US$50.1 million from eight logging concessionaires as an inducement to approve logging concessions to 16 companies.
He was alleged to have committed the offences at eight banks and financial institutions in Hong Kong, China and Singapore between Dec 20, 2004, and Nov 6, 2008.
The charges framed under Section 11 (a) of the Anti-Corruption Act 1997 and punishable under Section 16 of the same act carries a maximum 20 years' jail and fine of not less than five times the amount or value of the bribe or RM10,000, whichever is higher, upon conviction.
On the 16 money laundering charges, Musa allegedly instructed Richard Christopher Barnes to open an account at UBS AG Bank, Singapore, under the name of Richard Christopher Barnes, through which he intended to receive proceeds from illegal activities.
Musa also faces alternative charges of concealing proceeds from illegal activities.
On the second to ninth and 11th to 15th charges, Musa allegedly received US$37,845,491.60 in proceeds from illegal activities from several individuals through an account under Barnes' name.
On the 10th charge, he allegedly received S$2.5 million in proceeds from illegal activities, through the same account.