Lately there have been individuals and politicians who continue to spread slanderous accusations against me in the mainstream and social media.
Perhaps there are some who are still unhappy with the legal outcome of my case
because it is not aligned with their political narratives, and as such, have conveniently
created a diversion in a continued attempt to tarnish my name. The tactic used is none
other than questioning the outcome of my court case, of which I have been acquitted by
the Kuala Lumpur High Court on June 9,2020.
Perhaps those in question may lack an understanding of the legal process and are
unaware of the supporting facts and truths involving my case.
Perhaps there are some who pretend not to know the chronology of events and facts
that led to my acquittal.
As such, I am compelled to state the facts, uphold the truth and deny all of the
unfounded allegations. As an individual who does not hold any posts at the State or
Federal level, I am making this statement without any vested interest or political
agenda.
Investigation revealed that no offence had been committed
At the onset, it must be pointed out that this case is an old one based on allegations that
had happened over 16 years ago, where the facts of the case have already been
thoroughly investigated by the relevant authorities in Malaysia as well as in Hong Kong.
The outcome of the investigations by both countries, which took nearly 3 years, found
that I have not committed any offence.
To gain a better understanding of the case, the following are the facts as stated in court.
The issue of the investigation premised on baseless allegations of corruption made
against me when I was the Chief Minister of Sabah, is public knowledge. I was
investigated by the Independent Commission Against Corruption Hong Kong (“ICAC”)
and also the Malaysian Anti Corruption Commission (“MACC”) from 2008 until 2011. I
gave my full cooperation to both agencies. During the investigations by both the ICAC
and MACC, the parties have cooperated and communicated with each other and
conducted their respective investigations independently and professionally.
After a thorough investigation, MACC found that no corruption was committed and that
the funds investigated were in fact political donations. This was verified by the former
MACC Investigation Division Director, Datuk Seri Mustafar Ali, and this outcome was
then communicated to ICAC via a letter dated September, 2011.
It should also be noted that ICAC had also carried out their own independent
investigation. After completing its investigation the ICAC issued a letter dated December
22, 2011, which stated that the investigation was completed and no further action will be
taken against me. The ICAC’s findings clearly shows that I was not involved in any
corrupt activities and up to this day there are no further investigation initiated by ICAC
against me.
Similarly based on the outcome of the investigation by the MACC, the Attorney
General’s Chambers found no element of corrupt practices or money laundering
activities on my part.
The outcome of the MACC’s investigation and the decision not to take any action
against me were made known by, among others, Tan Sri Abdul Gani Patail former
Attorney General, Dato' Seri Tun Abd Majid bin Dato' Haji Tun Hamzah former
Prosecution Division Head, Tan Sri Abu Kassim Mohammad former MACC Chief
Commissioner and Datuk Seri Mustafar Ali former MACC Investigation Division Director.
The MACC Operation Assessment Panel also concurred with the decision based on the
findings of the investigation. This clearly proves that the decision was duly deliberated
and made in accordance with the proper legal channels.
The case in question was also raised in Parliament whereby Dato’ Seri Nazri Aziz
explained that the Attorney General’s Chambers have concluded that no corrupt
element has been proven against me. The contributions received are meant for Sabah
UMNO and not for personal purposes. All investigations and the legal processes have
been complied and it supported only one conclusion, which was I did not at any time
solicit or received any form of bribery.
Political persecution in November 2018 under Pakatan Harapan Government
After the 14th General Elections in May 2018, I and my fellow State Legislative
Assemblymen were given the mandate by the people of Sabah to become their new
chosen government. I had been given the trust and was appointed as the rightful Sabah
Chief Minister by Tuan Yang Terutama Yang di-Pertua Negeri Sabah (“TYT”).
After the new government held its first cabinet meeting and less then 48 hours later, the
TYT for reasons only known to him appointed Shafie Apdal as the new Sabah Chief
Minister replacing me. This was done even though I did not resign and still commanded
the majority of support in the Sabah Legislative Assembly back then.
As many are aware, I have disputed TYT’s actions and challenged the validity of the
appointment of Shafie Apdal as then new Sabah Chief Minister in the Sabah High Court
(“Civil Case”).
Despite having been cleared of any offence by ICAC and MACC back then, much time
had passed when suddenly and without any reason the authorities arrested and
charged me in court on November 5, 2018. This incidentally was only two days prior to
the announcement of the decision with regards to my Civil Case against the TYT and
Shafie Apdal.
This action had given political leverage to my political rivals directly and indirectly. Does
this not indicate that the charges brought against me were made in bad faith and reeked
of political persecution?
Application to strike out all charges
After consulting my lawyers, based on the principle of truth requires courage (berani
kerana benar), I filed two applications at the Kuala Lumpur High Court. The first
application was to strike out the charges against me (Kuala Lumpur High Court Criminal
Application No. WA-44-46-02/2020) while the second application was an application to
refer certain Constitutional questions to the Federal Court (Kuala Lumpur High Court
Criminal Application No. WA-44-47-02/2020).
The application to strike out the charges was filed on February 12, 2020 (when the
Malaysian government was still under Pakatan Harapan) with a supporting Affidavit that
spelt out all the relevant facts.
The application filed in the court is a legal process.
To support the application, I adduced all relevant and important documents in the
Supporting Affidavit including documents from ICAC in Hong Kong.
Furthermore my lawyers had also filed a further supporting affidavit affirmed by the
former Attorney General, Tan Sri Abdul Gani bin Patail.
I had raised the issues of political and mala fide prosecution, which is an abuse of the
legal process. If the prosecution had continued with the charges, it may expose the
Government to a ‘malicious prosecution’ legal suit.
This fact is further strengthened when the Deputy Public Prosecutor issued a statement
of favourable fact to the defence under Section 51(A)(1)(c) of the Criminal Procedure
Code confirming the decision made by Tan Sri Abdul Gani Patail.
There were no new facts or issues brought up by the prosecution team. The prosecution
in November 2018 relied solely on the previous investigations, conducted by ICAC and
MACC which had cleared me of any offence.
From the legal stand point, it must be emphasized that a decision made by the Attorney
General as Public Prosecutor must not be taken lightly and should not be changed
without any cogent reason. This is simply so as the prosecution in 2018 simply relied on
the facts of the investigation conducted by ICAC and MACC earlier, which did not reveal
any element of corruption.
Not Guilty
Based on the reasons given in the striking out application, I am sure the Attorney
General Tan Sri Idrus Harun together with the other Deputy Public Prosecutors (DPPs)
had deliberated and considered the application seriously, objectively and professionally
having due consideration to the law and justice of the case.
Having deliberated on the matter the Prosecution informed the High Court on June 9,
2020 that they are withdrawing all charges and will discontinue the prosecution against
me pursuant to Section 254 of the Criminal Procedure Code.
The presiding High Court Judge Yang Arif Dato’ Muhammad Jamil bin Hussin, having
listened to the submissions by both parties and deliberated the relevant provisions of
the law, proceeded to make an order for my discharge and acquittal from all charges.
I pray that no person needs to go through and be subjected to such unfair treatment for
political expediency. Neither should anyone continue to be the victim of baseless
accusations and political vendetta having been cleared of any wrongdoing for the
second time.
With these clear facts, are they all blind, fools or simply being a hypocrite? I know they
are not blind and am very sure they are not fools.
I would like to emphasize again that I have been investigated and cleared of these
allegations a decade ago and have once again been forced to go through the due
process for the second time in which I have consistently proven my case and in turn
successful in clearing my name.
I have taken this entire experience as a test and had to weather this storm with patience
and faith. Faith in my innocence and faith with God the Almighty.
Perhaps with the enormous challenge that the nation is facing today especially with
regards to overcoming the Covid-19 crisis, my detractors should focus their energy and
time in finding real solutions and contribute to overcome the surmounting problems
associated with the pandemic instead of this continuous political lynching against me.
Allah has stated that there will be no barriers between Him and those who have either
been slandered or victimized and promised that their prayers will be answered.
Truth requires courage and truth has once again prevailed.
Thank you.
Musa Haji Aman
