YANGON — The Anti-Corruption Commission will not file a criminal case against former minister U Kyaw Win but has also not exonerated him of allegations of corruption.
The commission began investigating Kyaw Win in early May after receiving eight complaints and submitted its report to the President’s Office on May 25. That evening, President U Win Myint accepted Kyaw Win’s resignation as minister for planning and finance.
ACC chairman U Aung Kyi told reporters in Nay Pyi Taw yesterday that the commission had been unable to take any action due to a lack of evidence.
“We are not saying that he [Kyaw Win] is innocent. What we are saying is that we didn’t have enough evidence to show that he violated the anti-corruption law,” he said. “That’s means we cannot take any action. This is what we stated in our report that we submitted to the president.
“The rest is not our business. Whether to approve and allow his resignation is up to the president, the government and related leaders. It’s the administrative matter.”
However, commission members confirmed that most of the eight complaints submitted against Kyaw Win were found to be untrue, not related to the Anti-Corruption Law or to have occurred before he became minister.
Commission member U Soe Tint, who led the investigation, said the ACC interviewed 22 people in Yangon and Nay Pyi Taw between May 7 and 22, including high-ranking officials, civil servants and businesspeople.
One complaint alleged that the paid-up capital of a private bank could have violated the Anti-Money Laundering Law, but the bank was given its licence in November 2015, before Kyaw Win became minister.
A complaint about the transfer of the state-owned Myanmar Agricultural Development Bank to the Ministry of Planning and Finance from Ministry of Agriculture, Livestock and Irrigation was dismissed because the process was initiated by the previous government and then, during the current government’s term, by the deputy minister for planning and finance.
An investigation into cars owned by Kyaw Win’s son also cleared the minister of any wrongdoing under the Anti-Corruption Law.
Soe Tint said a complaint concerning a golf tournament organised by a businessman under the banner of ministry also did not violate the law because there was no evidence the businessman gained any favour or special privileges from the ministry.