KUALA LUMPUR: Former attorney-general (AG) Tan Sri Mohamed Apandi Ali was put under the hammer over his decision to clear Datuk Seri Najib Razak of any wrongdoing in the 1Malaysia Development Bhd (1MDB) probe five years ago.
However, Apandi who is now a solicitor, defended his decision stating that it was made based on the investigations conducted by authorities at that material time.
Apandi was testifying in the High Court over his RM10 million defamation suit against DAP adviser Lim Kit Siang for allegedly defaming him on his role in the 1MDB scandal.
Counsel Sangeet Kaur Deo who represented Lim, continued to grill Apandi on the issue by questioning why the latter decided to classify the case as 'no further action' (NFA) despite various charges and investigations conducted by foreign authorities at that time.
Sangeet: The term NFA is commonly used in relation to closing an investigation.
Apandi: Yes.
Sangeet: You had also explained that you never stopped further investigation of the 1MDB?
Apandi: Yes.
Sangeet: Between January 2016 and 2018, can you tell us if you directed further investigation?
Apandi: Yes.
Sangeet: Can you tell us how many times the MACC approached you with their results from further investigations? Specifically, on 1MDB?
Apandi: Ten times or so.
Sangeet: In January 2016, you made a public statement that you cleared Najib of any wrongdoing. Did you explain to the public that the investigation would continue?
Apandi: I cleared the then prime minister on the RM2.6 billion donation but I did not clear him of any other offences because the investigation was still ongoing.
Apandi also agreed that nobody was charged in relation to the 1MDB scandal when he was the AG between 2016 and 2018.
However, Apandi said he was aware that several individuals were charged by other countries in relation to the sovereign wealth fund scandal.
Sangeet: Do you agree, while you chose not to charge a single personality in Malaysia during your tenure as the AG, all around the world… other countries had begun charging persons related to the 1MDB scandal?
Apandi: I agree.
Sangeet: Are you aware during your tenure (as AG), the United States Department of Justice and Singapore authorities had not only investigated but had begun charging and initiated civil recoveries relating to monies and assets siphoned from 1MDB?
Apandi: Yes.
Apandi then tried to explain further why the investigation could not proceed by he was told to stick to yes and no answers.
He also agreed that the government did not initiate any mutual legal assistance from other counties as he did not want to 'prejudice' the local probes.
Apandi, in his lawsuit, claimed that Lim in his article published by news portal Malaysiakini implied that the plaintiff had a major role in aiding and abetting the 1MDB fiasco.
The article titled "Dangerous fallacy to think Malaysia is on the road to integrity" was published on May 6, 2019.
Apandi said the article had tainted his reputation by claiming that he was directly involved, assisted and abetted in the 1MDB scandal.
The hearing continues before High Court Judge Datuk Azimah Omar.