DPAs can return billions of funds and assets into national coffers — Hafiz Hassan

Malay Mail

02-05-2025

MAY 2 — In 'On the 'messages sent' in AGC's meeting with Jho Low's lawyers' written almost three years ago, I disagreed with then DAP chairman Lim Guan Eng's criticism of then Attorney General (AG) Idrus Harun for allowing meetings between his Chambers (AGC) with fugitive Low Taek Jho's — better known as Jho Low — lawyers.
Did the meeting send the wrong message that Malaysia was willing to deal with crooks and wanted fugitives?
I did not think so.
The meeting or meetings in fact sent a clear message to Jho Low that the Malaysian prosecutors were independent, fair, impartial and objective.
They had not allowed any personal views to improperly influence their decision. They had acted in the interests of justice, seeking within the bounds of the law, not merely to prosecute for the purpose of obtaining a conviction.
The prosecutors were alert to Jho Low's rights as an accused person — equality before the law and the right to be presumed innocent.
Jho Low's American lawyers were also well acquainted with what is known as deferred prosecution agreement (DPA). The United States (US) is where DPAs originated.
Malaysia plans to amend the MACC Act to enable deferred prosecution agreement by mid 2026, which the author believes will help return billions of ringgit stolen in fraud cases to the country. — Reuters pic
I then explained what DPA is. It has since become the mainstay of white-collar criminal law enforcement – not only in the US but in many common law countries such as the United Kingdom (UK) and Singapore.
DPAs have become commonly invoked for offences of corruption, money laundering, and fraud. They have made their way into the UK and Singapore legislation through the Crime and Courts Act 2013 and the Criminal Justice Criminal Justice Reform Act 2018 respectively.
But there is no equivalent legislation in Malaysia.
So, it is heartening to read media reports of proposed amendments to the Malaysian Anti-Corruption Commission (MACC) Act 2009 to be tabled in Parliament by the middle of next year to enable DPAs to be implemented in the country.
MACC chief commissioner Azam Baki reportedly said the proposed amendments to the Act would soon be presented to the Special Cabinet Committee on National Governance, chaired by Prime Minister Anwar Ibrahim.
As Azam Baki explained, under the terms of a DPA, misappropriated funds or assets would be returned, which would go into the national coffers.
DPAs can return billions of funds and assets into the national coffers.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.