'Diplomat's interference in Musa's case unconstitutional'
Published on: Saturday, February 29, 2020
By: Bernama
File photo from Bernama.
Kuala Lumpur: Former Sabah Chief Minister Tan Sri Musa Aman (pic) has applied to strike out 46 charges of corruption and money laundering which he faces, related to the awarding of logging concessions in Sabah. Deputy public prosecutor (DPP) Datuk Umar Saifuddin Jaafar informed High Court Judge Datuk Muhammad Jamil Friday that Musa had filed the application on Feb 12, on the grounds that the charges were baseless.At the same time, Umar Saifuddin told the court that Musa had filed another application on the same day, to refer a constitutional issue to the Federal Court in connection with Section 82(2) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.
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In response to requests from both the prosecution and the defence, Justice Muhammad Jamil granted the parties a two-week period to file their respective affidavits and submissions.
He fixed April 22 and 23 for the hearing of both of Musa’s applications. The court also fixed new dates for the trial originally scheduled for June 8, in response to a request from Musa’s lawyer Francis Ng Aik Guan that both applications filed in Feb 12 be settled first. The new trial dates are Sept 14 to 18, 21 to 24, 26 to Oct 30, and Nov 10 to 27.
Meanwhile, when met by reporters, Umar Saifuddin said the defence is challenging Section 82(2) which authorises a Malaysian diplomatic officer to certify that money laundering charges be brought against an individual in this country although the crimes were committed overseas.
“The defence is alleging that the declaration by our diplomatic officer in Hong Kong was in contravention of the Federal Constitution because such an act is viewed as interfering with the authority of the Attorney-General to determine and institute charges,” the DPP said.
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Musa, 69, is facing 30 charges of corruption and 16 charges of money laundering. The corruption charges allege that Musa, in his capacity as Sabah Chief Minister and Chairman of the Board of Trustees of the Sabah Foundation, received US$50.1 million from eight logging concessionaires as inducement to approve logging concessions for 16 companies.
He is alleged to have committed the offences at eight banks and financial institutions in Hong Kong, China and Singapore between Dec 20, 2004, and Nov 6, 2008.
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In reference to the money laundering charges, Musa allegedly instructed Richard Christopher Barnes, 67, to open an account at UBS AG Bank in the latter’s name, with the intention of receiving proceeds of illegal activities through the account.Stay up-to-date by following Daily Express’s Telegram channel.
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