What crucial elements did MACC allegedly fail to fulfil for prosecution?

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MACC Lacked Crucial Elements for Prosecution, Says Former MACC Official

A former Malaysian Anti-Corruption Commission (MACC) official stated that the MACC failed to fulfil two critical criteria, leading the Attorney-General’s Chambers (AGC) to classify the investigation into Datuk Seri Najib Razak's alleged misappropriation of funds related to SRC International Sdn Bhd as 'No Further Action' in 2015. The prosecution's case hinged on establishing Najib's awareness that the funds entering his accounts were from SRC, and that he had initiated their transfer. Without these elements, the AGC deemed the investigation insufficient for prosecution under Section 403 of the Penal Code for dishonest misappropriation of property.
Lack of Recorded Statements on Fund Awareness

The core deficiency identified was the absence of recorded statements that could prove Datuk Seri Najib Razak was aware the funds deposited into his accounts originated from SRC International. MACC investigations, which were subsequently reviewed by the AGC, did not yield evidence demonstrating Najib's explicit knowledge of the source of these monies. This lack of direct proof of awareness was a significant hurdle in establishing the intent required for a criminal charge of misappropriation.
Absence of Proof of Instruction for Fund Transfer

Furthermore, the investigations failed to provide evidence that Najib had given instructions for the funds to be transferred into his personal accounts. The AGC required proof of such directives to proceed with prosecution. While MACC had investigated the movement of funds, the specific link showing Najib's active instruction for these transfers was not sufficiently established to meet the legal threshold for criminal charges.
MACC's Confirmation of Donation

In August 2015, MACC had issued a press statement confirming that RM2.6 billion found in Najib's bank accounts constituted a donation from Middle Eastern donors, whose identities were confidential. This statement, along with four letters presented to the bank indicating the contribution was a "donation," formed part of the material considered. Deputy public prosecutors, including Dzulkifli Ahmad, had travelled to Riyadh, Saudi Arabia, to verify these donation letters and attempt to identify the donor, Prince Saud Abdulaziz Majid Al-Saud.

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What crucial elements did MACC allegedly fail to fulfil for prosecution?

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