PETALING JAYA: Former Attorney-General (AG) Abu Talib Othman has said incumbent AG Apandi Ali has no authority to order the Malaysian Anti-Corruption Commission (MACC) to close its probe into the billions found in Prime Minister Najib Razak’s bank accounts.
Speaking to The Malaysian Insider, Abu Talib said, “Under Article 145 (3) of the Federal Constitution, the AG has power only to institute, conduct and discontinue any (criminal) proceedings, but has no authority to order any investigation agency to close its probe papers.
“This is a case of public importance that has attracted worldwide attention. The AG must help the MACC to collect evidence as the source of the fund is outside Malaysia,” he said.
Apandi then ordered the MACC to close their probe against the premier.
Abu Talib said Malaysia practised a check and balance system in administrating justice and it was the duty of the court to determine whether one was guilty of a crime or not.
“Prosecution is based on available evidence and if there was one, it is the duty of the public prosecutor to institute a charge against an accused person,” he told the portal.
Abu Talib also criticised Apandi for not rendering assistance to the MACC to obtain documents and statements from overseas financial institutions linked to the probe under the mutual legal assistance (MLA) initiative, before deciding to wrap-up the case.