PP v. ARUL KANDA KANDASAMY & ANOTHER CASE
HIGH COURT MALAYA, KUALA LUMPUR
MOHAMED ZAINI MAZLAN J
[CRIMINAL TRIAL NOS: WA-45-11-04-2019 & WA-45-12-04-2019]
3 MARCH 2023
[2023] CLJ JT (6)

Abstract – Absence of any connection between the act of removal of the key information from the 1MDB audit report and the alleged gratification of avoiding civil and criminal action by the former Prime Minister, the charge for the offence under s. 23 of the Malaysian Anti-Corruption Commission Act 2009 was not established. Likewise, the charge under s. 28(1)(c) of the same Act against the co-accused was also not proven.

CRIMINAL LAW: Malaysian Anti-Corruption Commission Act 2009 – Section 23 – Allegation that former Prime Minister used position to amend audit report of 1MDB – Whether elements of offence established – Whether amendments made by Auditor General ('AG') based on legitimate feedback – Whether AG forced or coerced to change earlier audit report – Whether ultimate discretion to amend rests with AG – Whether amendments justified and necessary – Whether causal link between amendments and gratification alleged to have sought by accused person established

CRIMINAL LAW: Malaysian Anti-Corruption Commission Act 2009 ('MACCA') – Section 28(1)(c) – Former CEO of 1MDB charged for abetting former Prime Minister alleged to have used position to amend audit report of 1MDB – Whether allegations against former Prime Minister established – Whether prosecution presented evidence that former CEO complicit or responsible for problems afflicting 1MDB – Whether made true and full discovery of all things he was examined under s. 63(3) of MACCA