Nicky Liow DNAA: 30 civil society groups press AG for explanation

PETALING JAYA: Thirty civil society organisations (CSOs) have urged Attorney-General Tan Sri Mohd Dusuki Mokhtar to explain the decision to discontinue money-laundering charges worth more than RM36 million against businessman Liow Soon Hee, better known as Nicky Liow.

They also sought clarification on the basis for the discharge not amounting to an acquittal (DNAA) granted to Nicky.

"After more than three years, the Attorney-General's Chambers (AGC) has still not explained why the representations were accepted, what considerations formed the basis of the decision, or whether the charges will be brought again in future," the coalition said in a statement today.

"The public has a right to know the reasons the prosecution was discontinued, rather than being informed through a press conference by the defence years later."

In July, Nicky was reported to have been discharged and acquitted of 26 money-laundering charges involving more than RM36 million, after the prosecution withdrew the case three years ago.

His lawyer, Datuk Rajpal Singh, said Nicky had also settled RM400,000 in outstanding tax with the Inland Revenue Board (LHDN) to resolve charges relating to tax returns under the Income Tax Act 1967.

According to the charge sheets, Nicky, as a company director, was accused of involvement in money laundering and possession of funds believed to be proceeds of unlawful activity at several locations around the Klang Valley between 2016 and 2021.

The charges were framed under Sections 4(1)(a) and 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act (AMLATFPUAA).

The coalition also urged the AGC to clarify its position on the remaining charges that have yet to be finalised.

"We also urge the Parliamentary Special Select Committee and Parliament to ensure the bill separating the powers of the Attorney-General and the Public Prosecutor includes several matters," it said.

At a minimum, it said, the bill should include statutory guidelines on the exercise of prosecutorial discretion and an obligation to produce annual reports with detailed statistics, including discontinued prosecutions, the reasons and their final outcomes.

"These obligations must take effect simultaneously with the constitutional amendment, not at some later date.

"Separating the offices without such safeguards would be a change in form only, not fundamental transformation," it added.