How did the AGC justify its discretionary powers in this settlement?

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AGC Justified Discretionary Powers Based on Legal Provisions and Settlement Terms

The Attorney General’s Chambers (AGC) justified its use of discretionary powers in withdrawing 26 money laundering charges against businessman Nicky Liow by citing adherence to the Federal Constitution and the fulfillment of specific legal conditions. This decision was made after a thorough review of representations from Liow's legal team and the subsequent acceptance and payment of a RM10 million compound, alongside the forfeiture of a bond and seizure of assets, all in accordance with relevant legislation. The AGC emphasized that the process was conducted independently and professionally, ensuring transparency and upholding justice.
Acceptance of Legal Representations and Constitutional Authority

The AGC's decision to withdraw the charges against Nicky Liow was rooted in the Attorney General's discretionary powers as enshrined in the Federal Constitution. This authority was exercised following a detailed examination of representation letters submitted by Liow's lawyers on December 15, 2022, and again on April 6, 2023. These representations prompted the AGC to reconsider the 26 money laundering charges Liow faced under Section 4 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Act 613).
Settlement Terms and Legal Compliance

A key element in the AGC's justification was the settlement reached with Liow, which involved a RM10 million compound payment made on May 29, 2023. This financial settlement was further complemented by the forfeiture of a bond valued at RM647,366 and the confiscation of assets that had been seized during the investigation. The AGC acted in accordance with Section 92 of Act 613, which permits the withdrawal of charges upon the fulfillment of prescribed conditions, thereby concluding the legal proceedings against Liow.
Judicial Acquittal and Confirmation of Legal Process

Following the AGC's withdrawal of the charges, the Shah Alam Sessions Court ordered Liow's release and acquittal on June 15, 2023. This judicial action confirmed that Liow was not absolved of legal responsibility but had met all the necessary legal prerequisites for the case's resolution. The AGC explicitly stated that the settlement and subsequent acquittal were not a result of external pressure or public sentiment, but rather a professional and integrity-driven process adhering strictly to existing laws.

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How did the AGC justify its discretionary powers in this settlement?

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