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PERHAPS taking the cue from dictatorial former premier Tun Dr Mahathir Mohamad, Prime Minister (PM) Datuk Seri Anwar Ibrahim has so far shied away from taking civil action against the long list of publicly-known suspects in the bitter battle raging in Malaysia on corruption.

Thus far, former PM and Perikatan Nasional (PN) chairman Tan Sri Muhyiddin Yassin heads the list of top leaders facing corruption charges.

It’s not known whether Dr Mahathir and family – and former finance minister and multi-billionaire Tun Daim Zainuddin – are on a separate list to face civil action.

The PM has hinted on this possibility several times. In any case, Mahathir at 98 years this July 10 and Daim at 85 years this April 29 may perhaps be too old to be in jail. But there’s always a first time. There’s no plea bargaining in Malaysia but it happens.

Anwar has blown hot and cold on Dr Mahathir since 1998 when he publicly swore – before the local and international media – that his nemesis and family as well as Daim will be held accountable for allegedly plundering the public treasury.

Dr Mahathir’s children are all multi-billionaires based on their holdings in publicly listed companies alone.

Dr Mahathir would have been home free if he had handed over the reins of power before he stepped down on Feb 24, 2020. Ironically, he reckoned that Anwar would throw the book at him if he allowed the latter to be PM.

Anwar has reasons

Civil action probably wasn’t politically possible – for strategic reasons – given the presence of 74 opposition MPs in Parliament who didn’t join the unity government decreed by the Yang di-Pertuan Agong on Nov 24 last year. Of the number, 72 are Malay while another two are Orang Asal from Sabah and Sarawak.

Those under Attorney-General (AG) Tan Sri Idrus Harun’s scrutiny can still “defect” to the unity government as “independents” in Parliament. That will save them from criminal charges or probably “milder punishment” compared with civil action.

Alternatively, they can approach the AG’s Chambers (AGC) on settling civil action without prejudice out of court. Based on the Riza Aziz case, they may have to surrender at least 40% of money laundering assets as state revenue.

Riza’s case was worked out by the US Department of Justice (DoJ) and accepted by the High Court of Malaya. Riza is Datin Seri Rosmah Mansor’s son from a previous marriage.

Muhyiddin can also exercise the option on civil action so that he won’t be rotting away in jail in old age. He will be 76 years old on May 15 this year.

It isn’t rocket science that many opposition MPs will be moved out of the way – permanently if possible, otherwise temporarily – for buying time. Former PM Datuk Seri Najib Razak suffered the same fate under the Dr Mahathir government not long after the 14^th General Election (GE14) on May 9, 2018.

Then AG Tan Sri Tommy Thomas – noted for preaching about the rule of law – did the favour for Dr Mahathir.

International definition

Civil action on money laundering under the international definition applicable in Malaysia takes only minutes in court. Money laundering assets can be frozen, seized and forfeited as state revenue.

Also, in law, “secret profits” belong to the principal – notably the state – in the current round of criminal charges in court against Muhyiddin and his “comrades in crime.”

Criminal suits are instituted if the civil action is challenged.

Money laundering stands defined under international law as having assets far in excess of what one can be legitimately accumulated during a lifetime. Muhyiddin who is facing numerous corruption charges claims that the billions found with him are “political donations”.

In the Malaysian Anti-Corruption Commission’s (MACC) dictionary, political donation can be easily turned into corruption charges and vice versa.

The 46 corruption charges against former Sabah chief minister Tan Sri Musa Aman, for example, were dropped in June 2020 when he claimed that the RM380 mil he collected from timber contracts were “political donations”.

AG Idrus and the High Court accepted the “dubious” claim based on Affidavit in Support signed by sacked AG Tan Sri Gani Patail, reportedly a relative by marriage.

The Anwar government has put the cart before the horse as the AGC files criminal case after criminal case on “deriving personal benefits” from bribery and corruption arising from abuse of power, conflict of interest and criminal breach of trust. – March 14, 2023

Long-time Borneo watcher Joe Fernandez has been writing for many years on both sides of the South China Sea.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

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