KUALA LUMPUR (Jan 26): I have thoroughly perused all the witness statements and the documents in the investigation papers as well as the response given by MACC on my queries for clarification in relation to the investigation paper on the alleged RM2.6 billion and the two investigation papers in relation to SRC International which were returned to me by the Malaysian Anti-Corruption Commission (MACC).
With regard to the investigation paper on the alleged “RM2.6 billion” which was transferred into the personal account of YAB PM, I am satisfied that based on the evidence from witnesses and supporting documents submitted to me by the MACC show that the sum of US$681 million (RM2.08 billion) transferred into the personal account of YAB PM between 22.03.2013 and 10.04.2013 is a personal donation to YAB PM from the Saudi royal family, which was given to him without any consideration.
MACC in their investigation personally met and recorded statements from witnesses including the donor which confirm that the donation was given to YAB PM personally.
I am satisfied that there is no evidence to show that the donation was a form of gratification given corruptly. Evidence obtained from the investigation does not show that the donation was given as an inducement or reward for doing or forbearing to do anything in relation to his capacity as prime minister.
Furthermore, in August 2013, a sum of US$620 million (RM2.03 billion) was returned by YAB PM to the Saudi royal family, because the sum was not utilised.
Based on the evidence from witnesses and supporting documents submitted, I am satisfied that no criminal offence has been committed in relation to the said RM2.08 billion donation.
On the same matter, I am satisfied that as no criminal offence has been committed, there is no necessity for Malaysia to make a request for a mutual legal assistance to any foreign States for the purpose of completing the criminal investigation by the MACC in relation to the said RM2.08 billion donation.
With regard to the two investigation papers on SRC International, I am satisfied that no criminal offence has been committed based on the following reasons:
Under the MACC Act 2009
There are no evidence to show that YAB PM has abused his position during the Cabinet meeting which approved the government guarantee on the RM4 billion loan to SRC International from Kumpulan Wang Persaraan (Diperbadankan) (KWAP);
Evidence also show that the loan approval process by KWAP and the loan guarantee approval by the Cabinet were properly done;
There are no evidence to show that YAB PM had solicited or was promised any gratification from any party either before, during or after the Cabinet decision was made;
The evidence as a whole does not disclose any conflict of interest on the part of YAB PM; and
MACC itself admitted that based on their investigation, there are no evidence from the witnesses that could show that YAB PM had committed any act of corrupt practice.
Under the Penal Code
There are no evidence to show that YAB PM had any knowledge and/or was informed that monies had been transferred into his personal accounts from the account of SRC International;
There are no evidence to show that YAB PM had given any approval for the transfer of monies from the account of SRC International into his personal accounts; and
Evidence show that at all material times, YAB PM was of the belief that all payments which were made by him were made from the donation received from the Saudi royal family which was earlier transferred to his personal accounts.
Based on the facts and evidence as a whole, I, as the public prosecutor, am satisfied that no criminal offence has been committed by YAB PM in relation to the three investigation papers. I will return the relevant investigation papers to MACC today with the instruction to close the three investigation papers.