Was SC’s findings on Azam referred to you, Gobind asks AG

PETALING JAYA: DAP’s Gobind Singh Deo wants to know if the Securities Commission (SC) referred the findings from its inquiry on top graft buster Azam Baki’s ownership of shares to Attorney-General (AG) Idrus Harun.

The Puchong MP said Idrus cannot stay silent on this matter being the public prosecutor.

He also questioned if the attorney-general had studied the SC’s findings and made a decision on it.

“If he did not, then does the SC have the power to conclude the matter without prior reference to him?” he asked in a Facebook post today.

Gobind pointed out that the power to institute, conduct or discontinue proceedings for any offence was with the attorney-general, as enshrined under Article 14 of the Federal Constitution.

He added that it was common for the attorney-general to offer views or call for further a probe into a matter after studying an investigation’s findings.

“While Section 25(4) of Securities Industry (Central Depositories) Act 1991 (Sicda) deals with securities accounts, a breach of provisions of that Act could also trigger action which may attract penal consequences.”

Yesterday, the SC said it could not “conclusively establish” if Azam had broken the law over his ownership of shares after gathering evidence and completing its inquiry into the matter.

In response, Azam said the SC had cleared him of any wrongdoing and that he had been informed that the commission had closed its inquiry into the matter.

Meanwhile, former deputy public prosecutor Fahmi Abdul Moin, also said the SC’s findings should have been referred to the attorney-general rather than being resolved internally, adding that the commission had drawn its own conclusions.

The lawyer said, for high-profile cases like this, the SC should have opened an investigation paper and taken statements from all witnesses.

“We don’t know if Azam’s brother (Nasir) has given his statement or not, or if documents have been submitted to the SC. Internal probes and preliminary findings by the SC aren’t the way to resolve the issue,” he told FMT.

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