AN affidavit by former attorney-general Abdul Gani Patail is one of the factors why charges against former Sabah chief minister Musa Aman were dropped, said A-G Idrus Harun.

He said Gani in the affidavit defended a 2012 decision he made to drop graft investigations into Musa.

Idrus said Musa had also filed a strike-out application on February 13 to quash his 46 graft and money-laundering charges related to timber concessions.

He said Musa had also sent a representation to the Attorney-General’s Chambers (AGC) seeking the case against him to be withdrawn.

Idrus said the AGC received an affidavit that was filed in the high court by Musa, which contained a supporting affidavit where Gani defended the decision in 2012 to take “no further action” against Musa as investigation revealed that the monies involved were political donations.

The former A-G said the decision was made collectively by high-level officials at the time – prosecution division chief Abdul Majid, Malaysian Anti-Corruption Commission chief commissioner Abu Kassim Mohamad and investigation division director Mustafar Ali.

“After studying and perusing the investigation paper from a legal standpoint, the former attorney-general, in exercise of his discretion, decided not to proceed with prosecution,” Idrus said.

“In light of the representation and the recent development in the form of the affidavit by the former attorney-general, it is the responsibility of this department to review the whole evidence for this case. Having studied the whole available evidence and upon discussion being held with the prosecution and investigation team, I decided to withdraw all the charges against Musa Aman.

“In cases of this nature, documentary evidence is vital to prove a case,” said Idrus.

He said documentary evidence from companies and banks could not be obtained through mutual legal assistance in criminal matters from Hong Kong.

Idrus said Hong Kong’s Department of Justice advised companies and banks they are required to keep records for only seven years, and it is highly unlikely that neither the banks nor the companies would still have the records.

“Apart from that, there are witnesses for the prosecution who have passed away, suffered serious medical ailments or are not in Malaysia any more,” he said.

Idrus said the developments have resulted in a situation where it was “no longer tenable” to continue with prosecuting Musa.

He said this decision is strengthened by a letter dated December 22, 2011, from the Independent Commission Against Corruption Hong Kong stating that their investigation against Musa is complete and “on the basis of known facts no further investigative action will be pursued”.

“My decision is taken in accordance with powers exercisable at my discretion under Article 145(3) of the Federal Constitution,” Idrus concluded.

On November 5, 2018, Musa was charged in the Kuala Lumpur Sessions Court with 35 charges under section 11(a) of the Anti-Corruption Act 1997, for corruptly obtaining gratification of US$44.1 million and S$0.5 million in relation to timber concession contracts in Sabah between August 2004 and March 2008.

Five charges were later withdrawn on October 18, 2019.

On March 5, 2019, Musa was charged with another 16 charges under section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, for laundering US$40.3 million between June 2006 and May 2008.

The prosecution then applied on May 6, last year for both cases to be transferred to the High Court of Kuala Lumpur for trial. The High Court then fixed the trial dates to begin on September 14, this year.

Today’s hearing was originally set to hear two applications by the defence – one to strike out the charges and another to refer a constitutional question to the Federal Court regarding a Certificate by a Diplomatic Officer under section 82(2) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amlatfapua) Act 2001. – June 9, 2020.