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Musa Aman: I’ve been presumed guilty before proven otherwise
Published:  Jan 16, 2019 6:55 PM
Updated: 10:55 AM

Former Sabah chief minister Musa Aman says the court has presumed him to be guilty before proven otherwise, in ordering him to return his passport, hence denying him the chance to seek medical treatment overseas.

In a statement today, the Sungai Sibuga assemblyperson said the Kuala Lumpur High Court judgment did not only goes against the fundamental aspect of the criminal justice system that an accused is innocent until proven guilty, but also against human rights.

The Sessions Court had last week, allowed Musa's passport to be released for him to seek medical treatment overseas. However, the decision was overturned by the High Court in Kuala Lumpur earlier today, following a review sought by the prosecution.

Musa added that while he is disappointed and does not agree with today's court decision, he, nevertheless, respects it.

"I cannot help but feel that I have been presumed guilty until proven otherwise.

"My application to continue my medical treatment is a case in point. My medical treatment started in the UK last year as a follow-up to the treatment with my doctor of choice in Singapore who has treated me for more than 22 years.

"This was allowed by the Sessions Court judge earlier, who understood the merits of my request but unfortunately on revision, the High Court judge denied it. Surely this should not and cannot be the right position," he said.

He added that the question of him dodging the 35 counts of corruption he is currently facing, also does not arise, as he had returned to Malaysia in August last year, purportedly against his doctor's advice, to assist local authorities.

"To date, I have given my full cooperation, and informed the authorities, including the MACC, even when I was abroad seeking medical treatment and upon returning to the country.

"Clearly, I am not a flight risk. I have legitimate reasons to continue seeking treatment which had to be put on hold, because of my decision to return to Malaysia," Musa said, adding that he has to now inform his doctors in the UK and Singapore of the latest development, as well as consult his lawyers on the next move.

In setting aside the Sessions Court's decision, earlier today, High Court Judge Mohamed Zaini Mazlan said that the onus was on Musa to show that he would require special medical attention that is not available locally.

"The accused is merely seeking treatment by the doctors of his choice. The presumption is that he can be readily treated in this country and the coronary ailment that he is suffering from can be attended to by doctors in the country. The correspondence (with the foreign specialist doctors) showed the same," the judge had reasoned.

On Nov 5, 2018, Musa claimed trial to 35 counts of corruption involving US$63.3 million (RM263 million) in connection with timber concession contracts in Sabah. He was allowed bail of RM2 million in two sureties.

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