PKR secretary-general Rafizi Ramli said today he would challenge any attempt by attorney-general Mohamed Apandi Ali to press charges against him based on a Lembaga Tabung Haji (TH) police report against him.

In a statement, Rafizi said this was based on the fact that there would be a clear conflict of interest as Apandi is a board member of Tabung Haji.

“Prosecution powers lies in the hands of the AG who by coincidence is a Tabung Haji board member.

“If Tabung Haji’s management is hoping that this ‘coincidence’ would make it easier for me to be charged in court, for sure my lawyers will challenge the decision (to charge) as the charge could be interpreted as selective prosecution or one which was based on a conflict of interest,” he said.

Rafizi said this in response to TH, which yesterday lodged a police report against him for alleging that the fund had made almost RM1 billion in corporate guarantees to its associate company, TH Heavy Engineering Bhd (THHE).

Commenting further, the Pandan MP also claimed that Tabung Haji had lodged the police report with intentions to see him being charged for an alleged criminal offence, rather than defend its reputation through a civil suit.

“Any suit filed under civil laws would take into account my rights as an MP to issue fair comments or comments based on qualified privileges.

“Furthermore, a civil suit by Tabung Haji must also prove that my comments on its financial status was made with bad intentions,” said Rafizi in pointing out that the prosecutor in a criminal case needed to only prove that he had made the comments.

Referring to Tabung Haji’s action, Rafizi claimed that there had also been a recent trend of Umno and NGO leaders lodging police reports rather file a civil suit, including the case that led to his conviction for criminal defamation earlier this year.

‘Disappointed' with response

Rafizi also said he is disappointed with TH’s alleged failure to answer the main questions raised over its investments in THHE.

In response to Rafizi’s allegations that Tabung Haji risked losing up to RM1.4 billion, the pilgrimage fund had denied it provided a corporate guarantee to THHE.

Rafizi later exposed documents that contradicted the fund’s denials on the matter.