Tabung Haji RCI Findings Cannot Directly Form Basis for Prosecution, Say Legal Experts

KUALA LUMPUR, Aug 14 — The findings of the Royal Commission of Inquiry (RCI) into Lembaga Tabung Haji (TH) cannot by themselves serve as the direct legal basis to prosecute any individual, as independent investigations by law enforcement agencies are mandatory to secure admissible evidence for court proceedings, according to former Court of Appeal judge Datuk Yaacob Md Sam.

Speaking to Bernama, Yaacob explained that under the Commissions of Enquiry Act 1950, an RCI report is not legally binding and its contents cannot be tendered as direct evidence in criminal or civil trials.

Following the public release of the TH RCI report on July 29—which detailed management and operational shortcomings at the pilgrim fund between 2014 and 2020—enforcement authorities must independently investigate and establish evidence before initiating court action.

“An RCI conducts inquiries based on terms of reference determined by the government and makes findings and recommendations for further action. Only evidence gathered independently by enforcement agencies through their investigations can be presented in court,” Yaacob stated.

Drawing from his past experience serving as a conducting officer and secretary for multiple RCIs, Yaacob clarified that not every instance of administrative failure or negligence amounts to a criminal breach.

“If it involves merely mismanagement, failure to manage or negligence, the matter may give rise to civil liability, such as a breach of fiduciary duty, which could result in legal action to recover funds or assets lost due to the breach,” Yaacob added.

He noted that criminal charges require proof of specific statutory elements, including criminal intent, criminal breach of trust (CBT), fraud, or conflicts of interest that yielded personal gain.

Concurring on the necessity for thorough enforcement action, senior lawyer Mohamed Haniff Khatri Abdulla emphasized that criminal prosecution must follow swiftly if independent probes uncover sufficient evidence of criminal wrongdoing, regardless of the individuals’ positions.

“That is what the public wants to see. The sooner we can resolve straightforward matters and bring them to court, provided there is sufficient evidence, the more public confidence will grow,” Haniff said, stressing that prosecution is vital to restore depositor trust in Tabung Haji.

Haniff revealed that, based on information received, nearly 200 individuals have been summoned separately by the Royal Malaysia Police (PDRM) and the Malaysian Anti-Corruption Commission (MACC) to record statements, with ongoing probes expected to take another three to six months.

To streamline the legal process, Haniff proposed that the Attorney General’s Chambers (AGC) establish a dedicated task unit comprising three Deputy Public Prosecutors (DPPs) experienced in MACC and criminal law to evaluate all investigation papers submitted by both PDRM and MACC.

The proposal comes as MACC Chief Commissioner Datuk Seri Abd Halim Aman previously confirmed that the anti-graft agency had opened 14 investigation papers, conducted raids across 28 premises, and executed several arrests, remands, and asset seizures in relation to the Tabung Haji probe.

–NMT