'ICAC found no case': Rahman Dahlan defends Musa's appointment

Summary

• Abdul Rahman Dahlan says Musa Aman was cleared of corruption by Malaysian courts, MACC and the attorney-general.

• Sabah Umno deputy chief refutes claims that “invisible hands” influencing the investigations and highlights ICAC’s independent investigation.

Musa Aman was cleared of corruption allegations, including by the Independent Commission Against Corruption (ICAC) in Hong Kong, which found no case against him, said Sabah Umno deputy chairperson Abdul Rahman Dahlan.

He emphasised that the Malaysian courts, the MACC, and the attorney-general had also exonerated Musa from the allegations.

Rahman made this statement today, rebutting criticism from certain quarters questioning Musa’s appointment as the new Sabah governor, citing his alleged involvement in past corruption cases.

The Umno supreme council member further stated that the acquittals by these three entities formed the primary basis for the vetting process conducted by Istana Negara prior to announcing Musa’s appointment.

“This is a serious accusation, as it indirectly challenges the wisdom of the Yang di-Pertuan Agong, who appointed Musa as the new governor.

“It should be noted that the Agong, the prime minister, and the current chief minister of Sabah were not involved in the decision to acquit Musa in June 2020, as none of them held their respective positions at the time.

“Other considerations, of course, would include Musa’s service as chief minister of Sabah and the significant development achievements in the state during his tenure.”

Appointment draws flak

Last Tuesday, Musa, a former Sabah chief minister, was officially appointed as the new Sabah governor at Istana Negara. He will assume office on Jan 1, 2025, succeeding Juhar Mahiruddin, whose term ends on Dec 31, 2024.

Musa’s term will run until Dec 31, 2028.

The appointment has sparked criticism, with many recalling past controversies surrounding Musa. Critics have also accused Prime Minister Anwar Ibrahim and Pakatan Harapan leaders of compromising their reformist stance.

Yesterday, Anwar explained that he had advised the Agong on other names for consideration for the post of Sabah governor.

Under Article 1 of the Sabah Constitution, the governor is appointed at the Agong’s discretion, but only after consultation with the state’s chief minister.

Refer to findings

Rahman stated that if parties are questioning Musa’s appointment and alleging that “invisible hands” influenced the decisions of the courts, MACC, and the AG, they should refer to the findings of ICAC.

He added that no one would dare to claim that ICAC is influenced by “invisible hands,” as ICAC’s credibility is beyond reproach.

“For the record, ICAC conducted a thorough investigation (including investigative work within Malaysia) into the opposition member’s allegations and ultimately concluded that there was no case against Musa.”

Musa was initially charged during Dr Mahathir Mohamad’s tenure as prime minister under the Harapan government in 2018. However, his acquittal came after Muhyiddin Yassin took power in 2020.

The charge sheets against Musa in relation to alleged kickbacks detailed a network of individuals and proxies. The name Michael Chia Tien Foh appeared in 16 of these documents.

In 2006, Chia allegedly transferred US$20,329,828.16 to lawyer Richard Christopher Barnes. He was also accused of receiving US$7,632,397.87 in 13 tranches between 2004 and 2007 as kickbacks from logging contracts meant for Musa.

In 2009, ICAC charged Chia with money laundering after he was caught at the Hong Kong International Airport carrying RM40 million in Singapore currency.

When Musa was first charged, Musa’s lawyer argued in court that ICAC had, in December 2011, formally informed Musa they had completed their investigations and had classified the case as “No Further Action.”

In 2009, then PKR Youth chief Shamsul Iskandar Mohd Akin went to Hong Kong and lodged a report with the ICAC on a case of alleged money laundering involving several Sabah personalities, including Musa Aman.

In October 2012, then de facto law minister Nazri Abdul Aziz told Parliament that the MACC had cleared Musa of corruption as the RM40 million fund was political funding for Sabah Umno and not for personal use.

Later, Nazri said the ICAC also found “no elements of corruption” and therefore the MACC decided not to pursue the matter.

However, then PKR director of strategy Rafizi Ramli was not convinced. In December 2012, Rafizi and his team went to the ICAC to submit alleged “evidence”.

He was accompanied by then-party treasurer and Selayang MP William Leong, then-Petaling Jaya Selatan MP Hee Loy Sian, and current MP for Tanjong Malim Chang Lih Kang.

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