No one should be prosecuted if investigation is incomplete, says Bung

Datuk Seri Bung Moktar Radin has emphasized that no prosecution should be initiated against any individual based on an incomplete investigation. He stated that it is crucial to adhere to the guiding principle that a person should not face a criminal trial unless the prosecution can prove the case against them. To do otherwise would be an injustice, according to the Sabah Umno chief.

Bung Moktar highlighted the Attorney General’s Chambers (AGC)’s decision to discontinue the case against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi as a reflection of a fundamental principle of criminal law. This principle aims to prevent injustice, particularly due to the social stigma attached to individuals once they are charged in court.

Sabah Umno welcomed the Kuala Lumpur High Court’s decision on September 4, which granted an order of discharge not amounting to an acquittal in relation to 47 charges of graft, breach of trust, and money laundering against the Umno president. Bung Moktar also commended the integrity and diligence displayed by the AGC in handling this matter.

He emphasized that this discharge followed a thorough evaluation process conducted by the AGC. During the trial, the defence team of Dr Ahmad Zahid presented compelling rebuttal evidence, leading to the review of the 47 charges. Bung Moktar stated that the law exists not only for punishment, but to ensure justice is served, and that can only occur if each party is granted a fair opportunity to present their case.

He further added that charging individuals based on incomplete investigations undermines the foundation of justice and erodes public trust in the judicial system and other institutions responsible for upholding the rule of law.

Bung Moktar noted that the AGC’s decision is in the context of the upcoming formation of a Royal Commission of Inquiry (RCI). This RCI will examine the claims made in former attorney general Tommy Thomas’ controversial memoir, specifically regarding allegations of selective prosecution.