KUALA LUMPUR: The withdrawal of the 46 criminal charges against Tan Sri Musa Aman was due to the unattainability of documentary evidence and witnesses vital to the case, Attorney-General (AG) Tan Sri Idrus Harun said.
Idrus said the previous decision of former AG Tan Sri Abdul Gani Patail was also one of the reasons the corruption and money-laundering charges against the former Sabah chief minister were dropped.
He said on May 13, Musa sent a representation to the Attorney General's Chambers (AGC) seeking that his charges be quashed and subsequently on June 5, the AGC received an affidavit which was affirmed by Abdul Gani supporting Musa's application.
The former AG, Idrus said, had defended a 2012 decision to take no further action against the 69-year old accused saying that investigations revealed that the monies which became the subject matter of the prosecution were political funding.
The decision was made collectively by individuals of high level which included former Head of Prosecution Division Datuk Tun Abdul Majid Tun Hamzah, former Chief Commissioner of Malaysian Anti-Corruption Commission (MACC) Tan Sri Abu Kassim Mohamad and former Director of Investigation Division of MACC Datuk Seri Mustafar Ali.
"Having studied the whole available evidence and upon discussion being held with the prosecution and investigation team, I decided to withdraw the charges against Musa.
"In cases of this nature, documentary evidence is vital to prove a case. Documentary evidence from companies and banks which were expected could not be obtained through Mutual Legal Assistance in Criminal Matters from Hong Kong.
"The Department of Justice Hong Kong advised that companies and banks in Hong Kong are only required to keep records for seven years and it is highly unlikely that neither the banks nor the companies would still have the records," he said in a statement.
Regarding witnesses for the prosecution, Idrus said there were those who had passed away, suffered serious medical conditions and some were not in the country anymore.
He added that it was no longer tenable to continue with the prosecution against Musa due to this recent development which included the affidavit in support that was filed by Musa.
Today, the High Court acquitted and discharged Musa of 46 criminal counts after the prosecution withdrew all the charges against him linked to timber concession contracts in the state.