KUALA LUMPUR: The Centre to Combat Corruption and Cronyism (C4) has expressed extreme surprise that Finance Minister Lim Guan Eng was acquitted of his corruption charge by the High Court earlier today.
Its executive director Cynthia Gabriel said the Attorney-General's Chambers (AGC), and also the Malaysian Anti Corruption Commission (MACC) owed the public an explanation over Lim’s acquittal as the “puzzling turn of events” had raised questions on the independence of government institutions from partisan interests.
She said the decision also underscored the need for clarification over the initial charge against Lim, who was former Penang chief minister.
In a statement today, she said the prosecution was so sure of its case that former AG Tan Sri Apandi Ali previously led the charge against Lim himself.
“But if the then AG was so certain in the case, how can it be so easily dropped by the High Court today?
“Either the previous AG was coerced to press charges in court, or the system is always stacked in favour of the existing government,” she said.
It was reported that the Penang High Court had acquitted Lim from two corruption charges over an alleged conversion of land status in 2014 and a purchase of a bungalow below market value in 2015.
The court also acquitted businessperson Phang Li Koon from the charge of abetting Lim in obtaining the bungalow at an undervalued cost.
Gabriel pointed out that C4 Center had previously called for Lim to clear his name first before assuming his ministerial post in the name of good governance.
She said the ease with which he was acquitted, even when the prosecution asked for a discharge not amounting to an acquittal, had raised "highly suspicious flags".
“C4 Center, as an organisation championing anti-corruption and accountable governance, is concerned that our venerable institutions are subject to political inteference and/or partisan motivations when it comes to corruption.
“We are concerned that politicians who have actually betrayed the public trust may be allowed back in to the system, while others may have to suffer from trumped-up charges in the interest of defending political supremacy rather than the public interest,” she said, adding developments surrounding Lim’s case begs transparent explanations from the MACC and the AGC.
The MACC had earlier today also expressed shock that the charges against Lim were dropped and clarified that the decision came from the AGC, and not the commission.
However, Gabriel said MACC cannot push the responsibility solely to the AG’s chambers.
“If they believed there was a case, MACC must explain to the public of the initial reasons for recommending charges to be pressed in the first place. We may also need to consider disciplinary sanctions over this imbroglio.
“MACC and the AGC must act without fear of political repercussions, and neither for wish of currying political favour,” she said.
She added that the public needs reassurance that the originating evidence and motivations in MACC’s investigation papers were valid.
“Otherwise, if the charges are revealed to be politically motivated, then there is a pressing need for greater reform in insulating Malaysian institutions from political inteference.
“One method, which C4 Center has long been advocating, is by separating the public prosecutor’s office from the attorney general’s purview.
“The government and institutions of the day should set precedent by considering disciplinary/punitive action against those responsible for either bringing up spurious, politically-motivated charges, or for allowing the ball to drop on corruption,” she said.
She also highlighted the need for public confidence in the independence of these institutions to be restored, or there would be no difference from the previous regime "who shamelessly trampled upon and compromised these institutions".
"Urgent steps must be taken to instil independence and insulate them from partisan politics of the day," she said.