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Is the ‘donation’ free from encumbrances?

I refer to the topic that has enthralled and divided the nation in 2015 and seem set to be another all-year headline in 2016.

I am referring to the issue of the RM2.6 billion ‘donation’ hogging the press in Malaysia.

Everyone has their own opinion on this depending on what they believe in and who they support. I will not comment in this letter as that’s not the point of this letter and I do not have all the evidence to comment either way even though the attorney-general, Mohamed Apandi Ali, came to the decision that no wrongdoing have been committed.

My point is related to this donation issue which may create long-term impact in the governance issue of this country.

If at the end of the day , we all accept that if this was a donation and therefore no harm been done and the matter should be closed , we run the risk of future conundrum in every Tom Dick and Harry claiming theirs is a donation, too, and the authorities will be powerless to act.

Will all public official claim that what the received was a donation from a very grateful party or member of the public who have recognised the achievement of this particular public official?

Until now, it has been an established precedence that a public official receive funds, then it will be assumed that the giver had asked for something in return. Even when there are no evidence that the giver had acquired any pecuniary advantage, the courts have ruled that the public official was still guilty.

Now are we seemingly setting a precedent that donations can be as legitimate as money-laundering?

I am not concluding either way but merely seeking to open discussion on the possibility. Will leave this to those much more intelligent and qualified then me to ponder and discuss.

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