THE authorities or enforcement agencies can impose compounds with the consent of the prosecution in corruption and money laundering cases, and the funds will be returned to the public through the Federal Consolidated Fund.

UiTM legal adviser Associate Prof Haidar Dziyauddin said such compounds fall under section 92 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and apply to cases in which the accused is discharged not amounting to acquittal (DNAA).

These are hefty fines “and the authorities will reclaim the money used in corruption cases”, he added.

“The accused is expected to pay the compound, otherwise prosecution proceedings will once again begin upon their failure to pay.

“Compounds can also save the courts’ time and avoid lengthy trials as a guilty sentence is not a certainty, thus resulting in the money involved in corruption cases becoming irreclaimable.”

Haidar said many people assume that a DNAA in a high-profile case means that the accused is free from prosecution and link such verdicts to political sentiments.

“This assumption is wrong as there is a significant difference between being acquitted and DNAA, no matter if the person is a public figure or an ordinary citizen.

“A DNAA means that the prosecution can recall the person to face legal action again at any time.

“The aim of such a discharge is to provide authorities time to obtain strong evidence related to corruption cases. The process of tracking illicit funds is complex, especially if new evidence comes to light.”

Courts have the power to allow the two actions (compounds and DNAA) based on legal provisions not only enshrined in Malaysia, but throughout legal circles worldwide.

However, Haidar said, as there is no statute of limitation concerning a person who has been DNAA, a change should be made to the legal process to introduce a reasonable duration to manage such cases.

“There could be some amendment to the matter. If there is no statute of limitation, the accused can be seen as being in perpetual jeopardy as they can be re-prosecuted at any time and this can cause them tremendous stress.” – Bernama, March 14, 2022.