AG needs to step up and clarify Tengku Adnan’s DNAA court order

The Attorney-General (AG) of Malaysia should step up and provide details as to why the Putrajaya Member of Parliament and former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor was granted a discharge not amounting to an acquittal (DNAA) in relation to an RM1 million corruption case.

Transparency International Malaysia CEO Dr. Muhammad Mohan, and Public Accounts Committee (PAC) Chairman Wong Kah Woh said the AG is duty-bound to give a full explanation.

“The AG needs to give clarification and explanation as to the reason why the DNAA was granted to many of the high profile cases such as that of (stepson of Datuk Seri Najib Razak) Riza Aziz, former Sabah chief minister Tan Sri Musa Aman, and even the most recent case involving Tengku Adnan,” Wong told the BFM’s The Breakfast Grille earlier today.

Both Wong and Muhammad believe that the Public Prosecutor needs to provide valid and rational reasons for his decision to discontinue a prosecution in such a high-profile case.

“The government has to do more to bring back the confidence of the general public. Acquittal of high profile cases, of course, there could be reasons for this from the AG’s chambers or judiciary, but public perception will remain doubtful,” Muhammad said.

The Bar Council has also called for more transparency in the DNAA, which the prosecution applied for in light of new developments in the case.

The application raises questions on the investigations at this stage, right before resumption of Tengku Adnan’s trial. It is also very concerning that no time frame on further investigating this new development has been provided”, according to the Council’s statement.

Meanwhile, the Malaysian Anti-Corruption Commission (MACC) is expected to begin investigations into this new development. The graft buster in a statement said it would launch a probe into the report lodged against a witness in the case, and will re-submit the investigation paper to the Attorney-General's Chambers (AGC) for consideration.

It is important to note that the decision by the High Court did not mean that Adnan would be off the hook. He could still be charged at any time after receiving approval from the AGC.

Adnan, 69, was given a discharge not amounting to an acquittal for receiving RM1 million from businessman Tan Eng Boon in 2018, to approve an application by Nucleus Properties Sdn Bhd to increase the industrial plot ratio of a piece of land on Jalan Semarak.

Separately, Wong also suggested for AG’s role to be reformed and make him or her accountable to Parliament since the public perceives that the AG gives preferential treatment to those from or affiliated with the government while selectively prosecuting the government’s political adversaries and dissidents.