KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has no power to prevent Datuk Seri Najib Razak from getting information about his bank accounts, the High Court ruled.
Judge Mohd Nazlan Mohd Ghazali said there were no provisions under the law or the MACC Act which empowered the agency from imposing such a directive.
He also dismissed arguments that the MACC had blocked Najib from getting copies of documentation pertaining to his accounts because investigations were ongoing.
“This argument has no merit.
“Their investigation will not be affected in any way with the release of copies of information required by the account holder.
“There is nothing stopping the MACC from retaining the original copies,” he said.
The former prime minister’s lead counsel, Tan Sri Muhammad Shafee Abdullah, had earlier complained that the graft busters had blocked his client’s access to information about his own bank accounts.
He said the MACC had done it with “no basis of any law”, and had therefore abused its powers.
“This is oppressive, clear abuse of power and a victimisation by the MACC against Najib,” he said.
Shafee said this when submitting on the basis of his complaint against MACC for preventing Najib from getting information about his AmBank accounts without the green light from the agency first.
The senior lawyer had complained about the issue earlier this month and the parties were told to submit on it today.
Shafee said after he raised the issue in court, the MACC suddenly allowed the bank to provide the information which was required.
However, he said the defence still wanted the court to make a ruling to prevent a similar situation from recurring.
Deputy public prosecutor Datuk V. Sithambaram, however, contended that since the documents had been obtained by the defence “it should be the end of the matter”.
He argued that the court should not interfere as MACC had its own powers and its investigations were ongoing.
He also dismissed claims that the accused was not getting a fair trial because of what the MACC had done.
Shafee then countered that he was not saying the MACC should be prevented from pursuing its investigation.
“All we are saying is that they should not stop us from doing our homework.
“This is a clear cut abuse of power and they (MACC) have been caught with their pants down,” he said.
Najib, 66, is facing charges of criminal breach of trust, abuse of power and money laundering involving RM42 million of SRC International funds.
He faces 20 years jail and fine for the offences.