Tabung Haji RCI Findings Not Automatic Basis for Prosecution, Says Ex-Judge

Findings from a Royal Commission of Inquiry (RCI) into Lembaga Tabung Haji (TH) do not automatically serve as grounds for prosecution, according to former Court of Appeal Judge Datuk Yaacob Md Sam. He stressed that further investigations are necessary to collect evidence admissible in court.

Md Sam explained that RCI reports are not legally binding and cannot be used as evidence in criminal or civil cases, as stipulated by the 1950 Inquiries Commission Act. He noted that any findings regarding mismanagement and operational weaknesses at TH between 2014 and 2020 must be re-examined by enforcement agencies before legal action can be taken.

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RCI only conduct investigations according to the terms of reference given by the government and make findings and recommendations for further action. Only evidence gathered by enforcement agencies through their investigations can be presented in court.

"RCIs only investigate according to the terms of reference given by the government and make findings and recommendations for further action. Only evidence gathered by enforcement agencies through their investigations can be presented in court," Md Sam told Bernama. He added that not all forms of mismanagement, failure to manage, or negligence constitute criminal offenses, as it depends on the presence of legally defined elements of the offense.

Lawyer Mohamed Haniff Khatri Abdulla echoed this sentiment, stating that if investigations reveal offenses and sufficient evidence, criminal action must be taken irrespective of the individuals involved. He believes swift prosecution, where evidence is strong, will bolster public confidence in TH and the follow-up investigation process. However, he cautioned that prosecution in one case does not signify the end of all investigations related to the RCI report, as inquiries into other matters may still be ongoing.

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That is what the people want to see. The sooner we can resolve the easy matters and bring them to court if there is sufficient evidence, the more confident the people will be.