Citing the Malaysian Anti-Corruption Commission (MACC) Act 2009, the Malaysian Bar said even if the RM2.6 billion deposited into Prime Minister Najib Abdul Razak's personal bank accounts was a donation, it does not mean no act of corruption occurred.
Malaysian Bar president Steven Thiru said the term "gratification" in Section 3 of the MACC Act 2009 includes a donation, and does not exclude a political donation.
"MACC should also look into section 17 (regarding the offence of giving or accepting gratification by an agent), read with section 50 (regarding a presumption in certain offences) of the MACC Act 2009," he added.
Thiru said MACC's announcement that the sum was a donation from an unidentified Middle Eastern source raises more questions than provides answers.
"The events preceding as well as following it give rise to the inference that the announcement was a result of external interference, or was made to relieve the pressure faced by MACC.
"It is therefore still imperative that MACC identify the purpose, if any, of the donation, the conduct and activity of the recipient in relation to the use of that donation, and the reason why the donation was deposited into a private account of the recipient. Donations of this nature are seldom made for charitable purposes," he added.
Climate of fear must stop
In early July, Wall Street Journal and Sarawak Report claimed RM2.6 billion was deposited into Najib's personal bank account.
The prime minister had refused to address the allegation, merely stating that he had never taken government funds for personal gain.
The MACC last week confirmed the deposit, but said it was not from 1MDB but " donations ".
Thiru urged the MACC be allowed to conduct its investigation independently amid arrests against its investigators by police.
"The flagrant level of intimidation inflicted on, and the climate of fear foisted upon the MACC must stop.
"The role and responsibility of the MACC must not, and cannot be, perverted to excuse or exculpate anyone - including politicians - from allegations of corruption," he said.
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