KUALA LUMPUR, Sept 4 ― Malaysian Bar president George Varughese said there was nothing ‘shocking’ about the prosecution’s move on Monday to withdraw the charges against Finance Minister Lim Guan Eng and businesswoman Phang Li Koon over the purchase of a bungalow below the market price.

Commenting on the Malaysian Anti-Corruption Commission’s claim that it was "very shocked” by the move, Varughese said it was the absolute prerogative of the Deputy Public Prosecutor (DPP) at any stage of the trial, before the delivery of judgment, to decline to prosecute further pursuant to Section 254 of the Criminal Procedure Code.

"It is not uncommon for lawyers representing accused persons to make representations to the Attorney General’s Chambers (AGC) seeking withdrawal and or reduction of the charge proffered against their clients,” he told the Malay Mail today.

He added that the AGC does accede to these representations on a regular basis.

"Further, the DPP has since explained that it was his considered opinion that there is insufficient evidence to succeed at the end of the prosecution’s case,” he said.

Earlier today, the head of the AGC’s appellate and trial division Datuk Mohamad Hanafiah Zakaria said Attorney General Tommy Thomas had nothing to do with the prosecution’s withdrawal of corruption charges against Lim and Phang.

Hanafiah said he had been tasked by Solicitor-General Datuk Engku Nor Faizah Engku Atek and the then Solicitor-General II Datin Paduka Zauyah Be T. Loth Khan to handle the matter after Thomas recused himself from leading the prosecution.

He explained that he made the decision to stop the case as he knew it would not succeed.

"Hence, I decided for the prosecution to enter nolle prosequi against both Lim Guan Eng and Phang Li Koon in accordance with Section 254 of the Criminal Procedure Code (CPC).

"Similarly, in the case against Lim Guan Eng and Phang Li Koon, there was fresh evidence that has not been previously considered,” he said in a media statement.