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Hakim bersara gesa garis panduan jelas kompaun kes ubah wang

Yaacob Sam berkata kepentingan awam, ketelusan dan akauntabiliti perlu menjadi panduan dalam keputusan menyelesaikan kes di luar mahkamah.

Hakim bersara gesa garis panduan jelas kompaun kes ubah wang

Former Malaysian Attorney-General Yaacob Sam has resigned, stating that the plaintiff must provide clear guidance and directions on factors to consider before offering compensation to individuals accused of haram financial misconduct. According to Yaacob, any compensation offer should prioritize the public interest, ensuring fairness and accountability in the legal system.

He emphasized the importance of public trust in the justice system, preventing perceptions of discrimination or favoritism when deciding who should receive compensation or alternative dispute resolution. The AGC dropped 26 charges of haram financial misconduct against businessman Nicky Liow in 2023 after he paid a RM10 million compensation.

Liow was released without a fine. In 2022, Adam Radlan Adam Muhammad from Bersatu was acquitted of 12 charges of corruption and haram financial misconduct after paying a RM4.1 million compensation. Yaacob, who is also a former deputy chief of the AGP's prosecution wing, stated that compensation is a legally permissible alternative for accusing someone of haram financial misconduct.

However, the ultimate power to waive such a charge lies with the accused, with any government agency or related enforcement body needing their consent. He noted that paying compensation can save significant court time and resources by avoiding lengthy legal proceedings. Based on his experience as both a plaintiff and judge, Yaacob emphasized that haram financial misconduct cases typically take three years to resolve in court.

Attorney Fahmi Abdul Moin added that many people are perplexed as to why some suspects receive compensation without a full trial, while others have their charges dropped after paying compensation. Nonetheless, Yaacob acknowledged Section 145(3) of the Federal Constitution, which grants the Attorney-General broad and exclusive authority to initiate, control, or terminate proceedings for any misconduct.

Under Section 4 of the AML, an individual accused of haram financial misconduct can face imprisonment up to 15 years and a fine not less than five times the value of the unlawfully obtained or proceeds, or RM5 million, whichever is higher. Section 92(1) allows for the award of compensation in such cases, but sets the maximum compensation at 50% of the maximum fine for the misconduct.

While Section 4 does not specify the maximum fine, Yaacob noted that courts generally consider RM5 million as the upper limit to ensure consistency with penalties for dishonesty offenses under Section 24(b) of the Anti-Corruption Enforcement Authority Act.

Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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