Ahmad Maslan freed of RM2 mln money laundering charges
29 Sept 2021
KUALA LUMPUR: Umno’s Pontian MP Datuk Seri Ahmad Maslan was acquitted and released by the High Court here today on two charges after paying a compound of RM1.1 million.
He was charged for failing to declare RM2 million which he received from Datuk Seri Najib Tun Razak to the Inland Revenue Board (IRB) and giving false statements to the Malaysian Anti-Corruption Commission (MACC).
According to a report by Bernama, Judge Datuk Ahmad Shahrir Mohd Salleh ruled after Deputy Public Prosecutor (DPP) Mohd Mukhzany Fariz Mohd Mokhtar informed the court that the prosecution withdrew the two charges against Ahmad Maslan as the accused agreed to pay a compound of RM1.1 million, yesterday.
"In making the application not to proceed with the prosecution against the accused, the TPR confirmed that the accused will not be re-charged with the same charges in the future. This is due to the fact that the accused has accepted the compound offer and settled the compound payment.
“Based on Section 254 of the Criminal Procedure Code and the text of the law decided by the Court of Appeal in the Public Prosecutor’s case against Ambika M A Shanmugam, the court hereby orders that the accused be acquitted and released from the first and second charges,” said Judge Ahmad Shahrir.
Earlier, Mohd Mukhzany Fariz informed the court that the prosecution had applied for Ahmad Maslan's release without bail (DNAA) on both charges.
“Before this charge was charged against the accused (Ahmad Maslan), the accused was offered a compound, however the accused originally did not agree to pay the compound.
“After the charge was made against the accused, his lawyer wrote a letter of representation and agreed to pay a compound of RM1.1 million. Therefore, the MACC and the AGC (Attorney General's Chambers) agreed with the accused's representation, hence the prosecution agreed the case for DNAA," he said.
Judge Ahmad Shahrir said the Attorney-General was given the power under Article 145 (3) of the Federal Constitution to initiate, conduct or discontinue any proceedings for an offense.
"This power of prosecution may be exercised by the Attorney -General at his discretion. Section 376 (1) of the Criminal Procedure Code further strengthens this position and states the Attorney -General shall be the Public Prosecutor and shall have control and direction in all criminal prosecutions.
"When the Public Prosecutor exercises his power under Section 254 (1) of the Criminal Procedure Code not to further prosecute the accused, it is the duty of the court, to consider whether the accused should be given a release order without release or a release and release order," he said.
The judge said the matter was a judicial discretionary power that must be considered in accordance with the letter of the law.