
RSN Rayer said 1MDB probe panellist Lim Chee Wee was obliged to report the matter to the MACC.
Lim recently told Reuters that AG Mohamed Apandi Ali had been presented with evidence by the MACC at the end of 2015 that former prime minister Najib Razak had received US$10.6 million (RM42 million) from SRC International, a former subsidiary of 1MDB which is now owned by the finance ministry.
Rayer said if Lim did not report the matter to the MACC, he could be charged with failing to report transactions of bribery under Section 25 of the MACC Act 2009.
The section carries a RM100,000 fine and/or a maximum 10-year jail sentence upon conviction.
“Lim should lodge a report immediately with the MACC to allow them to investigate Apandi for possible offences, such as abuse of power, abetment, conspiracy and concealing evidence,” Rayer told FMT.
Rayer said although the Federal Constitution gives the AG the ultimate prerogative and discretion to conduct criminal proceedings against anyone, it had to be done with integrity and based on evidence.
He said when there was clear evidence of the transaction to Najib’s account, the AG should have initiated proceedings right away.
On Tuesday, Lim told Reuters that the MACC had found evidence in late 2015 that RM42 million was transferred from SRC International into Najib’s account, but the AG rejected calls for further investigation.
Lim, a lawyer himself, was part of an eight-member panel tasked to review an alleged transfer of US$681 million into Najib’s account.
The panel was formed by MACC after the AG rejected its recommendations as part of a review process, it was reported. Najib has denied any wrongdoing.
In an immediate response, Lim told FMT that there was no need for a report to be lodged with the MACC.
“There is no legal requirement for any report to be lodged in order for the law enforcement agencies to act,” the former Bar Council chief said when contacted.
Probe panellists: AG ignored evidence that Najib received 1MDB funds