PETALING JAYA - The Malaysian Anti-Corruption Commission (MACC) is not disputing or challenging the Attorney-General's clearance of cases against the Prime Minister as his powers are absolute, said MACC chief Tan Sri Abu Kassim Mohamad.
Abu Kasim said the referral of the two cases to the Operations Review Panel was a standard operating procedure as part of the process of closing any case.
"I would like to state once again that the MACC is in no way challenging the A-G."
For the sake of clarity, the Attorney-General's powers over all criminal proceedings are conferred on him by Article 145(3) of the Federal Constitution.
"These powers are absolute and cannot be challenged by any authority," he said in a statement yesterday.
On Tuesday, Attorney-General Tan Sri Mohamed Apandi Ali absolved Prime Minister Datuk Seri Najib Tun Razak of any wrongdoing in the investigations into SRC International Sdn Bhd and RM2.6bil political donation.
Apandi also ordered the MACC to close the file on both cases.
Abu Kassim said unauthorised briefings to media by MACC personnel would not be tolerated and that action would be taken.
A police report would be filed so that the matter could be independently investigated, he added.
"MACC officers must uphold the highest ethical standards and will be held to account for the oaths of office that they have sworn.
"Going forward, no statement by any individual should be represented by media as the official position of MACC on these cases unless it has been released by MACC's official Strategic Communication Division upon my approval," he said.
Earlier, MACC said its top management had decided to refer the case to the independent body set up by the Government to monitor the commission, as well as another special panel to be appointed.
This has given the impression that the anti-graft body chose not to accept the A-G's directives to close the case and cease investigations, as there was no criminal offence committed by Prime Minister Datuk Seri Najib Tun Razak.
However, MACC special operations director Datuk Bahri Mohd Zin had said that the commission would "most likely" consider appealing to the A-G to reconsider his decision.
MACC strategic communications director Datuk Rohaizat Yaacob, however, later clarified that any statements made by any individuals do not represent MACC's official stance.