Call on the Prime Minister to state whether he had intevened and
saved Rafidah Aziz from being the first Cabinet Minister in
Malaysia to be arrested and charged for corruption
Media Statement
by Lim Kit Siang
(Petaling Jaya, Monday): In his first
police report against corruption in high places on July 9, 1999, former
Deputy Prime Minister, Datuk Seri Anwar Ibrahim had alleged interference
of justice by the Prime Minister, the Attorney General
Mohtar Abdullah and Public Prosecutor Abdul Gani Patail in shielding
Datuk Paduka Rafidah Aziz, Minister of International Trade and Industry
from being prosecuted in court on five corruption charges.
Anwar referred to a document of the Prosecution Division, Attorney
General's Office dated 14 March, 1995 signed by Abdul Gani Patail, which
was handed to him when he was Deputy Prime Minister by
Attorney General, Tan Sri Mohtar Abdullah towards the end of 1995. The
document clearly stated there was prima facie basis to prosecute Rafidah
Aziz on five counts of corruption under Section 2(2),Emergency Ordinance
22, 1970 in connection with her duties as Minister for International Trade
and Industry.
Anwar said the Attorney General being satisfied with the investigations
carried out by the Anti-Corruption Agency was ready to prosecute Rafidah
Aziz on five corruption charges in connection with the allotment
of 1.5 million Leader Universal Holdings Bhd. shares and 4,173,190
units of FACB shares to her son-in-law, Fazrin Azwar bin Mohd. Nor
but this was not done because of the interference by the Prime Minister.
This is a very serious allegation and I call on Mahathir to
come out with a forthright statement as to whether Anwar Ibrahim’s
police report is true and that he had intervened and saved Rafidah
Aziz from being the first Cabinet Minister in Malaysia to be
arrested and charged for corruption.
During the debate on the Anti- Corruption Bill in Parliament in
July 1997, the DAP had opposed the provision which downgraded the independence
and authority of the Director-General of the Anti-Corruption Agency, making
him subservient to the Attorney-General in his capacity as Public Prosecutor,
not only with regard to powers to decide whether to initiate prosecution
but even in matters concerning the operational independence of the
ACA.
Under the new Anti-Corruption Act, the previous powers of the
ACA Director-General as a Deputy Public Prosecutor under the Criminal Procedure
Code was removed, to the extent that he lost full operational independence
with regard to investigations, search and seizures where he had to
seek the prior approval of the Public Prosecutor in many important
instances.
The argument for the removal of the DPP powers of the ACA Director-General
is that it is necessary to have a system of check-and-balance, with investigation
vesting in the ACA while the decision on prosecution devolving on the Attorney-General
as Public Prosecutor.
In the light of the recent history of selective prosecution by the Attorney-General,
which he had not been able to rebut despite very serious allegations being
made inside and outside Parliament, and now the shocking expose by Anwar
Ibrahim of the interference with the course of justice in the Rafidah Aziz
case, public confidence in the government’s commitment to fight corruption
will now plumb to a new low unless there is a full and proper accounting
on the matter by both the Prime Minister and the Attorney-General.
(2/8/99)
*Lim Kit Siang - Malaysian Parliamentary
Opposition Leader, Democratic Action Party Secretary-General & Member
of Parliament for Tanjong