KUALA LUMPUR – Despite claims of political witch-hunts and selective persecution, the Malaysian Anti-Corruption Commission (MACC) has seized and froze assets as part of its investigation process even during Tun Dr Mahathir Mohamad’s short-lived second tenure as prime minister.
The accusations came amid the recent seizure of Ilham Tower here, which is owned by long-time Mahathir supporter Tun Daim Zainuddin, who was Mahathir’s finance minister from 1984 to 1991, and later the chair of his Council of Eminent Persons in 2018.
Now, Daim is being investigated for abuse of power and money laundering based on information from the leaked Pandora Papers on wealth held by prominent people in offshore accounts.
Between 2018 and 2020, the anti-graft body also made headlines with seizures of properties and items valued at millions and billions of ringgit, as well as arrests and charges of high-profile individuals.
2020: Guan Eng, Peter Anthony, and others
Being the finance minister then did not stop the authorities from charging DAP’s Lim Guan Eng thrice – on August 7, 10 and 11 that year – for corruption, abuse of power, and money laundering.
On August 7, he was charged with allegedly soliciting a 10% bribe of the total profit to be gained by businessman Datuk Zarul Ahmad Mohd Zulkifli.
The bribe is meant as inducement for Lim, who was then Penang chief minister to appoint Zarul’s company, Consortium Zenith Construction Sdn Bhd to carry out the RM6.3 billion the state’s undersea tunnel project.
On August 10, Lim and his wife, Betty Chew and businessman Phang Li Koon were brought to Butterworth sessions court for graft and money laundering charges.
On August 11, Lim was charged with causing two Penang state-owned land lots worth RM208.8 million to be disposed of to Ewein Zenith Sdn Bhd and Zenith Urban Development Sdn Bhd, which were developers of the undersea tunnel.
The undersea tunnel corruption case remains in the trial phase.
On June 11, then-Sabah infrastructure development minister Datuk Peter Anthony, was charged at the Kota Kinabalu Special corruption court with five counts of money laundering involving a RM8.75 million fund.
All charges involved a land purchase transaction from the Rubber Industry Smallholders Development Authority (Risda).
On June 18, he was again brought to the Kota Kinabalu Special Corruption Court and was charged with abetting lawyer Michael Percius Ubu with committing criminal breach of trust involving a purchase of Risda land.
However, Anthony became a free man on August 9, 2022 when he was acquitted of the five counts of money laundering and one abetment charge, following new developments in the case.
On October 15, 2020, Azhar Che Mat Dali, the former political secretary to the then-defence minister was charged with five counts of bribery at the Shah Alam sessions court.
He was charged with receiving a RM6,350,000 bribe from FERM Entity Sdn Bhd as compensation for helping the company win a contract for Prisma System Support and Maintenance Service, Defence Intelligence Staff Division.
The act was committed between 2019 and 2020.
In the same month, Mohd Saifullah Mohd Minggu @ Mohd Hisham, who is the former private secretary to then-tourism, culture and arts minister was charged with 24 counts of bribery amounting to RM3,255,530 and another 18 charges involving a total of RM3,149,030 in bribes.
On January 7, former senior deputy director of the Kuala Lumpur City Hall (DBKL), Sabudin Mohd Salleh was charged with six counts of corruption totalling RM1.08 million, involving the replacement of concrete bridge at Jalan Jelatek, and maintenance work on public infrastructure, road and drainage.
He was also charged with three counts of money laundering totalling RM1,000,187, which were proceeds from illegal activities.
According to its annual report, MACC forfeited a total of RM14,331,914,169.18 from the proceeds of corruption. This is the highest recorded since its establishment.
Ops 1MDB (1Malaysia Development Bhd) is the most significant contributor to the forfeiture in 2020. The details are as follows:
– a total of RM8,004,642.75 was forfeited under Section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA);
– a total of RM665,210.68 was paid as compound under Section 92(1) AMLATFPUAA 2001; and
– a total of RM14,112,820,234 (US$3,398,490,752) was returned to the Malaysian government by foreign countries.
In addition, MACC arrested 998 persons; 467 (46.79%) were civil servants. The remaining 531 (53.21%) are members of the public, private sector employees and others.
2019: Musa Aman, Bung Moktar, Azeez Abdul Rahim and more
MACC reported that a total of RM1,285,273,511.63 was confiscated – majority of it from Ops SSER (Suria Strategic Energy Resources Sdn Bhd) and Ops 1MDB – while 1,101 people were caught for various offences.
Other high-profile individuals that were brought to court were former Sabah chief minister Tan Sri Musa Aman, who faced dozens of corruption charges amounting to hundreds of millions of ringgit.
By June 9, 2020, the prosecution dropped all charges levelled at him and the high court granted him an acquittal.
Kinabatangan MP Datuk Seri Bung Moktar Radin and his wife Datin Seri Zizie Izette Abdul Samad were charged with graft amounting to RM2.8 million involving a RM150 million investment in Public Mutual Bhd unit trust.
Even though they were later acquitted, the prosecution filed an appeal on September 19, 2023 against the high court decision.
Former prime minister Datuk Seri Najib Razak’s stepson Riza Aziz pleaded not guilty on July 5, 2019 to five counts of involvement in money laundering activities involving US$248 million, which were misappropriated from 1MDB.
He was granted a discharge not amounting to acquittal (DNAA) the following year.
Umno’s Datuk Seri Abdul Azeez Abdul Rahim was charged with three counts of accepting bribes amounting to RM5.2 million and six charges of money laundering amounting to RM972,414.60 in relation to road projects in Perak and Kedah.
He was later granted a DNAA and subsequently a full acquittal on December 9, 2022.
As for businessman G. Gnanaraja, he was slapped with 68 counts of money laundering totalling RM11.4 million, days after being accused of deceiving the managing director of the Penang undersea tunnel contractor.
Later he turned prosecution witness in Lim Guan Eng’s corruption trial and a investigation paper into a RM19 million cheating case against Gnanaraja was classified as “no further action” (NFA) in October 2022.
Meanwhile, former Companies Commission of Malaysia (SSM) chief executive officer Datuk Zahrah Abd Wahab Fenner claimed trial in October 2019 to all 33 corruption charges involving a total of RM5.35 million.
Her son, Abdulazeez Wan Ruslan, also pleaded not guilty to four charges for receiving RM364,000.
In November, sessions court judge Azmil Muntapha Abas and two others pleaded not guilty to taking bribes to release 15 undocumented migrants.
Ten years ago, Azmil acted as coroner in the inquest of former DAP aide Teoh Beng Hock who died falling from Plaza Masalam while under custody of the Selangor MACC at its then headquarters.
2018: Najib, Rosmah and 1MDB, Zahid, as well as Tengku Adnan
This was the year of reckoning for Najib after he lost the general election in May.
A total of 24 charges amounting to billions of ringgit were brought against him and MACC seized a massive amount of cash and luxury goods.
July 4: Najib charged with three counts of criminal breach of trust (CBT) and one charge for abusing his position over then 1MDB subsidiary SRC International Sdn Bhd’s funds totaling RM42 million.
August 8: Najib was charged with three counts of money laundering involving RM42 million in proceeds from unlawful activities with the money belonging to SRC International.
Sept 20: Najib was charged with four counts of corruption amounting to RM2.282 billion of 1MDB funds and 21 money laundering charges.
Oct 25: Najib and former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah was charged on six counts of CBT involving funds amounting to RM6,636,065,000, owned by the Malaysian government.
December 12: Najib was charged for using his position by ordering the final audit report on 1MDB to be amended before tabling it to the Public Accounts Committee (PAC) to avoid any action against him, while 1MDB former chief executive officer Arul Kanda Kandasamy was charged with abetting Najib in amending the report to protect Najib from being subjected to disciplinary, civil or criminal action.
On July 28, 2020, Najib was convicted on all seven charges relating to SRC International and sentenced to 12 years’ imprisonment and a fine of RM210 million.
He is serving his sentence in Kajang Prison after the Federal Court upheld the decision on August 23, 2022. The following year, he lost the bid to review his corruption conviction.
Other cases are on trial.
His wife Datin Seri Rosmah Mansor was slapped with 17 counts of charges, of which 12 were charges on money laundering amounting RM7 million and the remaining five charges were due to failing to submit claim statements to the Inland Revenue Board.
She was also charged for soliciting bribes amounting RM187.5 million and receiving RM1.5 million in bribes in a solar hybrid system project for rural schools in Sarawak.
On September 1, 2022, she was found guilty and sentenced to 10 years in prison and a RM970 million fine. She has since filed an appeal.
Also prosecuted was her former special officer, Datuk Rizal Mansor, for four charges for soliciting and receiving bribes for himself and on behalf of Rosmah for the said project.
Meanwhile, Umno president Datuk Seri Ahmad Zahid Hamidi was charged for 10 counts of CBT involving Yayasan Akal Budi funds amounting RM20,833,120 and eight counts for receiving RM42,083,132.99 bribes from three companies amounting as an inducement for projects awarded to MyEG Services Bhd.
The other 27 charges for money laundering amounting RM72,063,618.15 were pressed for allegedly involved in illegal activity transactions between 2016 and 2018.
He was granted a DNAA for the Yayasan Akalbudi case on September 4, 2023 while his other case is on trial.
On the other hand, former Federal Territories minister Datuk Seri Tengku Adnan Tengku Mansor was slapped with two charges for receiving a bribe amounting RM3 million over the sale of DBKL land and approving the increase of a plot ratio.
However, he was granted a DNAA in 2020.
Former Malaysia External Intelligence Organisation director-general Datuk Hasanah Abdul Hamid was charged for allegedly committing CBT by misappropriating US$ 12.1 million (RM50.4 million) government funds for the 2018 general election.
Hasanah was granted a DNAA in 2021, and died on May 5, 2023 following a battle with cancer.
According to MACC records, it seized and forfeited a total of RM2,747,067,324.39 in 2018, mostly in connection with 1MDB and SRC International.
A total of 238 individuals allegedly involved in corruption cases were produced at the Special Corruption Session Court for prosecution. Of which, four (1.7%) were politicians, 94 (39.5%) civil servants, 89 (37.4%) civilians, 45 (18.9%) individuals from the private sector, one (0.4%) local authority and five (2.1%) others
In 2018, MACC also arrested a total of 894 individuals comprising 418 (46.76%) civil servants from various categories while 476 (53.24%) people were from the private sectors and civilians. – December 31, 2023