THE compound offer and payment of RM1.1 mil by former Deputy Finance Minister and Pontian MP Datuk Seri Ahmad Maslan on Sept 29 is unjust as he has avoided being disqualified as an MP, being barred for a specific period while serving a jail term as well as several more years after that from being unable to contest as an MP.
In addition, Malaysians against Death Penalty and Torture (Madpet) is appalled by the acquittal of Ahmad who is also the Umno secretary-general given there was no penalty imposed on Ahmad but “simply a return of the money he admitted he received in connection with the first charge”.
“The tainted, ‘dirty’ or illegally obtained amount – as admitted by him – of RM1.1 mil ought to have been forfeited and justly the compound offer which is a ‘penalty’ should not include that ‘dirty money’ and should be at least half of the maximum fine or roughly about RM4 mil,” opined Madpet’s founding coordinator Charles Hector in a recent statement.
The applicable law, in Ahmad’s case – the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 – states that a “compound sum must be such amount not exceeding fifty per centum of the amount of the maximum fine for that offence” (Section 92).
The maximum fine for the first offence is RM5 mil and the maximum fine for the second offence is RM3 mil.
“Now, it seems in Ahmad Maslan’s case, it looks like there was no penalty – simply a return of the money he admitted he received in connection with the first charge,” argued Hector. “Was there even no compound offer with regard to the charge of lying? The public prosecutor and the government must provide a clear explanation.”
Hector also questioned if the administration of criminal justice independent is free from political or economic interference.
“The concern is about the independence and competence of law enforcers, prosecutors and judges in Malaysia,” he pointed out. “Can the government of the day influence or determine who gets investigated or not, who gets charged, who gets their cases discontinued, who gets acquitted or even pardoned?”
Hector further noted that it is best that when it comes to sentencing or even offering of compound, such decision is left to the independent judiciary.
“If it is left to law enforcers like the police and the Malaysian Anti-Corruption Commission (MACC) or even prosecutors, these compound offers may not take into consideration just factors like income and the fact of return of the benefits of the crime,” he justified.
“They may even take into account wrong issues, including whether one is a minister or MP,” added Hector. – Oct 8, 2021
Pic credit: Harian Metro
