Minister reads out note by Thomas 'agreeing in principle' to Riza's settlement
PARLIAMENT | De facto Law Minister Takiyuddin Hassan said former attorney-general Tommy Thomas had written a note on film producer Riza Aziz’s letter of representation over his money laundering case which showed he had agreed in principle to the terms of the settlement.
"On Nov 19, 2019, Thomas had examined the letter of representation (from Riza’s lawyers). After he examined the letter, Thomas, as the (then) attorney-general, made a handwritten note, in red ink, on this letter...
PARLIAMENT | De facto Law Minister Takiyuddin Hassan said former attorney-general Tommy Thomas had written a note on film producer Riza Aziz’s letter of representation over his money laundering case which showed he had agreed in principle to the terms of the settlement.
"On Nov 19, 2019, Thomas had examined the letter of representation (from Riza’s lawyers). After he examined the letter, Thomas, as the (then) attorney-general, made a handwritten note, in red ink, on this letter.
"The note is to someone named 'Ram', whom I think everyone knows," he added, referring to the case's lead prosecutor Gopal Sri Ram.
Takiyuddin said this during his wrapping-up speech for the Yang di-Pertuan Agong’s address in the Dewan Rakyat today.
The minister then read out the note purportedly from Thomas from what he claimed to be the original copy of the letter.
"Ram, in light of the statements in paragraph 5.10, 5.14, 5.15, 5.18 and 5.19. I am prepared to consider this representation. Paragraph 5.20 contains the terms of the proposed settlements, I await your advice," the note read.
Takiyuddin said: "Signed by Thomas, on Nov 19, with the attorney-general’s rubber stamp."
He said this shows that Thomas had agreed in principle to resolving Riza’s case after he paid the compound. Riza is former premier Najib Abdul Razak's step-son.
The records show that Sri Ram had discussed this matter with then-MACC chief commissioner Latheefa Koya, Takiyuddin said.
The two then suggested that the MACC accept the proposals in the letter of representation by Riza’s lawyer, he added.
That is why, he said, on March 11, 2020, there was another letter of representation from Riza’s lawyer which stated that Riza would comply with all terms and conditions from the MACC in relation to those charges.
When new Attorney-General Idrus Harun took over the position, he was briefed by the deputy public prosecutors in charge of the case and for the sake of the department’s continuity, Idrus decided to follow the stand of the former attorney-general, Takiyuddin explained.
The law minister also said that there is a provision in the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (Amlatfa) which states that if a compound has been paid in relation to a charge, then there is no need for further prosecution in court.
In May, Riza was accorded a discharge not amounting to an acquittal (DNAA) by the Kuala Lumpur Sessions Court for his five criminal charges on allegedly receiving illegal proceeds from sovereign wealth fund 1MDB.
The producer of "The Wolf of Wall Street" and "Dumb and Dumber To" was charged last year for allegedly receiving a total of US$248 million on five occasions between 2011 and 2012.
Riza was accused of committing the offences by receiving the money through the bank account of Red Granite, the Hollywood production company he co-founded.
The deal, however, is dependent on him fulfilling the terms of the agreement reached with the prosecution, which among others, necessitates the return of an estimated US$107.3 million (RM465.3 million) to the Malaysian government.
He had also agreed to surrender his rights in three properties seized by the US Department of Justice (DOJ) in Beverly Hills and New York in the US and in London.
Idrus had said he acted upon advice that his predecessor, Thomas, had agreed to the settlement terms “in principle”.
However, Thomas had consistently denied that he agreed to the settlement at all.
Takiyuddin then brought up the case of business tycoon Lim Soon Peng and alleged that former prime minister Dr Mahathir Mohamad and former finance minister Lim Guan Eng had interfered in his case.
Soon Peng’s bank accounts were frozen in 2018 due to investigations into RM4 million in transactions relating to 1MDB-linked funds from former prime minister Najib Razak.
Takiyuddin said the business tycoon’s lawyers had submitted a letter of representation to then-MACC chief Mohd Shukri Abdull in Oct 2018.
Again, he read out a handwritten note which he said had been minuted by Mahathir on the letter of representation.
“I am in the opinion that the embezzlement conducted by the previous prime minister should not be blamed on Lim Soon Peng. Therefore, any freezing of personal or company accounts should not remain,” the minute read.
Takiyuddin added that it had the official stamp of the prime minister, and it was signed on Dec 5, 2018.
The same letter was later minuted again by Guan Eng, who Takiyuddin allege had written to Thomas to lift the freeze on the tycoon’s account as requested by the prime minister.
“Yang Berhormat AG, please lift the freeze on account as requested by YAB PM,” Guan Eng’s minute read.
Takiyuddin said Thomas had replied to Lim by stating on May 31, 2019, that the freeze had been lifted after Soon Peng agreed to return a portion of the sum equivalent to the illegal proceeds received from Najib in relation to the 1MDB scandal.
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