Former Anti-Corruption Agency (ACA) director-general Zulkipli Mat Noor was cleared of corruption allegations only because the attorney-general failed to investigate the claims thoroughly, said whistleblower Mohamad Ramli Abdul Manan.

He also claimed that AG Abdul Gani Patail (photo) had acted more like Zulkipli's defense counsel than a public prosecutor, when revealing the outcome of the investigations last Friday.

Abdul Gani said that Zulkipli and Inspector-General of Police Musa Hassan have been cleared of the complaints lodged separately against them.

He said two investigations into alleged sexual misconduct by Zulkifli, undertaken in 1997, were referred to the deputy public prosecutor.

However, the cases were declared 'NFA' (no further action) for lack of evidence. Zulkipli was also cleared of 28 complaints of alleged graft.

"Gani was talking more like a defence attorney for Zul in saying that he had managed to explain how he had acquired all these properties. He was not talking like a public prosecutor," Ramli told malaysiakini.

"A prosecutor would never be satisfied with this sort of preliminary investigation and would have asked the police investigators to get all evidence which is available and obtainable."

Ramli (left), who had made a report containing several explosive allegations ranging from corruption to sexual crimes against Zulkipli last year, outlined what should have been the AG's role in handling this case.

Check his assets

He said the AG would typically issue an order under Section 32 of the Anti-Corruption Act 1997, which lists the extensive powers of the public prosecutor to obtain information on Zulkipli's properties, income, assets, business and travels.

According to the ACA Act, only the public prosecutor can invoke Section 32 under the 'Public Prosecutor's powers to obtain information'. The police do not have the powers to do so.

Information of similar nature from Zulkipli's family members and associates too could be obtained under this Act.

"If the information provided by the informant is found not to be true, a prosecutor will ask the investigator to check and counter-check with the informant again," he said, adding that he as an informant was not recalled by the police to counter check on his information.

"Three petrol pumps (service station), apartments in Australia and Ireland, and a host of other properties known and unknown throughout Malaysia which are disproportionate to his official known source of income, the inevitable presumption is that it must come from corrupt practices; unless he can explained himself.

"Under the ACA Act, we are allowed to make that presumption. This is for the investigators to get the evidence using all the available powers in accordance with the anti-corruption laws.

"That is why for the investigation to be complete, the PP (public prosecutor) should issue an order under section 32 of ACA (Act) asking Zul to declare all his properties belonging to him, his families and associates including all bank accounts; kept locally and overseas."

'Check the law'

The former Sabah ACA chief also pointed out that the AG has no power in law to direct an investigation agency to close a particular investigation

"You must ask the question, where is the law which says that Gani as AG and public prosecutor can direct an investigation agency to close a particular investigation?

"Under Section 376 of the Criminal Procedure Code, the AG - the public prosecutor - has control and direction only of all criminal prosecutions and proceedings in court. He decides whether to prosecute or not to prosecute an offender."

Ramli had already pointed out in March that Abdul Gani should not be investigating Zulkipli's case as they had been close friends while serving in Sabah.

"Gani and Zulkipli are buddies. Gani should not make the decision," he reiterated today.

Ramli, who served the ACA for 28 years until his retirement, also claimed that the police are not familiar or experienced enough to investigate a case of this nature and (therefore) did not conduct a thorough investigation into his complaints against Zulkipli.

He would have preferred the deputy ACA director to lead the investigation into the case.

Asked about the civil suit he had filed against several government bodies and a newspaper earlier this year, he said: "The government is in the process of settling my suit out of court. The terms of the settlement are under negotiation. There definitely won't be a court hearing."


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