MAY 28 — We thirst for information, and seek answers; especially in respect of matters of public interest and importance. The recent withdrawal of the charges and discontinuance of the prosecution against Riza Aziz for serious criminal offences is one such matter. Riza Aziz was facing five...
Discharge not amounting to an acquittal for Riza Aziz: Please tell us why? — Group of former presidents of the Malaysian BarMAY 28 — We thirst for information, and seek answers; especially in respect of matters of public interest and importance. The recent withdrawal of the charges and discontinuance of the prosecution against Riza Aziz for serious criminal offences is one such matter.
The information provided thus far give the impression that there are no good reasons for the withdrawal of the charges and discontinuance of the prosecution. We are left wondering why the prosecution is seemingly deflecting the responsibility for the decision taken, and why Malaysia appears to have been short-changed. To leave these questions unanswered is unsatisfactory.
Riza Aziz was prosecuted for offences under Act 613, and was facing five charges. We are mindful that the wording of Section 92 to suggests or envisages that a compound may be applicable, and may be offered by the “competent authority or relevant enforcement agency”, albeit with the consent of the Public Prosecutor, only before a person has been prosecuted. After charges are laid, Section 92 is no longer applicable, and only the Attorney General qua Public Prosecutor has carriage of the matter.
It is important to note that one should not conflate the recovery of assets through forfeiture proceedings, with the prosecution for criminal offences. The two are distinct legal processes that hold the accused to different requirements of accountability for the crimes, and ought to be pursued separately and cumulatively against the alleged wrong-doer.
In the Media Release by the Attorney General, he disclosed that he was advised that his predecessor, Tan Sri Tommy Thomas, had agreedto a representation made by Riza Aziz for the disgorgement of assets and payment of compound under Section 92 of Act 613. It begs the question who had advised or informed him of this.
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