LAWYERS do not expect Abdul Gani Patail to be called up as a defence witness at Musa Aman’s coming corruption trial even if it was now clear that it was the former attorney-general who decided not to press charges against the former Sabah chief minister in 2012.

Musa was last week charged with 35 counts of corruption involving some RM250 million related to timber concessions awarded to more than 15 companies between 2004 and 2008.

Questions were then raised why Musa was not charged in 2012 when the Malaysian Anti-Corruption Commission had completed its investigations into him. Gani was the A-G then.

Prime Minister Dr Mahathir Mohamad said Gani may have had his own reasons for not charging Musa, adding that the MACC should also explain this.

The MACC responded in a statement that the investigation papers were sent to the Attorney-General’s Chambers but it chose not to prosecute due to its policy of “not charging cases related to political donation”.

Constitutional lawyer Syahredzan Johan said there was no need for Gani to be called to the stand when Musa’s trial begins.

“He (Gani) is answerable for his decision not to prosecute (back in 2012) but that is separate from the elements of the charge to be proven against Musa (currently),” said Syahredzan, who is also the political secretary to DAP stalwart Lim Kit Siang. 

Gani has remained silent on recent calls to explain why he did not charge Musa earlier and that he should clear the air in court.

“Not likely,” constitutional expert Gurdial Singh Nijar said, on whether Gani could be called as a witness.

Last week, DAP lawmaker Lim Lip Eng urged Gani to come clean on why he did not press charges against Musa previously. Gani was also asked to respond to allegations that he did not charge Musa because of purported family ties.

“Gani is, therefore, duty bound to explain to the public why he did not prosecute Musa. Did Gani not prosecute Musa because he feared Musa or the former PM Najib (Razak)?

“Or was it because Gani is related to Musa? Gani must explain his decision and clear the suspicion that now falls on him,” Lim had said in a statement.

Musa’s counsel Amer Hamzah declined to comment.

“We won’t be commenting anything about our strategy and preparation for the trial.

“Suffice to say, we will leave no stone unturned,” Amer told The Malaysian Insight.

Musa claimed trial to 35 charges of graft at the Kuala Lumpur Sessions Court on November 5. The case is set for mention on December 13. 

He allegedly received US$63mil (around RM243mil) in Hong Kong and Singapore as an inducement for offering timber concessions in Sabah. 

Musa, 67, was chief minister from 2003 until May 2018. 

Putrajaya terminated Gani’s services as A-G in July 2015 due to health reasons.

But after the May 9 elections, Dr Mahathir said Gani was forced out of office just as he was preparing to charge Najib in relation to the 1Malaysia Development Berhad (1MDB) scandal.

Dr Mahathir then appointed Gani to a special task force to investigate 1MDB and recover assets abroad. – November 13, 2018.