“The MACC is duty bound to investigate if there is a crime committed and it can resubmit investigation papers to the public prosecutor for his consideration,” he told FMT.
Abu Talib said there was no limitation period, unlike in civil cases, to investigate and prosecute criminal suspects.
He said this in response to the emergence of new evidence following investigations carried out by the authorities in the United States and Switzerland.
Switzerland’s Office of the Attorney-General said early this month that its probe, begun in August last year, had uncovered an alleged “Ponzi scheme” at 1Malaysia Development Bhd (1MDB).
It said in a statement then that, “The sum of USD800 million (RM3.28 billion) appears to have been misappropriated from investments in natural resources made by the SRC sovereign fund.”
SRC International is now a unit of the finance ministry but was at that time a subsidiary of 1MDB.
In July, the United States Justice Department (DoJ) filed lawsuits to seize assets, including property in Los Angeles and New York, that it said was purchased with some of the USD3.5 billion (RM14.35 billion) allegedly misappropriated from 1MDB.
The DoJ lawsuits also revealed that the USD681 million (RM2.08 billion) that ended up in the private accounts of Malaysian Official 1 is money allegedly taken from 1MDB.
Early this year, Attorney-General Mohamed Apandi Ali cleared Najib over the RM2.6 billion found in his bank accounts, and SRC International, following a probe by the MACC.
Apandi said the RM2.6 billion transferred into Najib’s accounts between March and April,2013 was a personal donation from the Saudi royal family.
He said the donation was not given as inducement or forbearing to do anything in Najib’s capacity as prime minister.
Apandi said Najib had returned RM2.03 billion (USD620 million) to the Saudi royal family in August that year as the money had not been not utilised.
“Since no criminal offence has been committed, there is no necessity for Malaysia to make a request for mutual legal assistance to any foreign states to complete the investigation,” Apandi said on January 26.
He also said there was no evidence of Najib having abused his position during Cabinet meetings which approved the government guarantee on the RM4 billion loan to SRC International from the Retirement Fund Incorporated.
Apandi said there was no evidence to show Najib had knowledge or was informed that monies had been transferred from SRC International into his personal accounts.
“Evidence only shows that the prime minister was of the belief that all payments made by him came from donations received from the Saudi royal family,” Apandi said.
The incumbent AG then instructed the MACC to close its investigation papers.