RCI: Senior graftbuster launched Selangor investigation on ‘mere belief’

By Debra Chong

July 21, 2011

The RCI panel during their fact gathering visit to the old MACC office at Plaza Masalam in Shah Alam February 17 2011. — Picture by Jack Ooi

KUALA LUMPUR, July 21 — A senior Selangor anti-graft officer launched a full-scale fund abuse investigation solely on an informant’s “mere belief” and without supporting facts, the royal panel reviewing the Malaysian Anti-Corruption Commission’s (MACC) procedures said.

In its report released today, the Foong Commission found Hishammuddin Hashim (HH) “passionately involved” in the graft operation against a Selangor DAP lawmaker, leading to the death of his political aide Teoh Beng Hock.

“There was no direct evidence to prove that HH had a hand in the death of TBH. But as the senior most officer involved in the operation... he should be held responsible for the actions taken by him and his officers which propelled TBH to commit suicide,” the royal commission of inquiry (RCI) said.

“We found him to be arrogant, given to falsehoods, untruthful and uncompromising in his stand,” it said, noting that Hishammuddin had persistently denied being part of the operation.

The panel said they only learnt the truth when two of Hishammuddin’s men testified the former Selangor MACC deputy director was the one who issued all instructions and even directed the officers on who and how to interview witnesses.

Hishammuddin is now the Negri Sembilan MACC director, the panel noted.

“From the start we observed that he was fully convinced of the truth of the information he had received. However, he was fully aware of the fact that information was grounded on the belief of the informant that Selangor state assemblymen were receiving monies from the allocation without the programmes being held or the projects being carried out,” it said.

It noted that Hishammuddin who had 19 years experience then “should have exercised every caution as the complaint was serious in nature and involved the State government of Selangor”.

The RCI added that instead of carrying out basic groundwork to confirm the truth of his informant’s claims, “he launched a full-scale operation involving a large number of witnesses and mobilised the whole Selangor MACC and sought manpower support from other MACC officers as well for this purpose”.

The panel said Hishammuddin could have checked by interviewing independent persons who had previously attended the events, or visited the project sites, or even call up the land or district offices to know if the budgeted programmes had been held.

The RCI also noted an anonymous letter, purportedly from all MACC officers in the country, addressed to its chief, which accused Hishammuddin of misconduct and power abuses in connection with Teoh’s case and former Selangor Mentri Besar Datuk Seri Dr Mohamad Khir Toyo.

The letter was submitted as evidence although there was no proof to suggest a formal investigation was ever carried out.

The RCI noted that Hishammuddin had been described by his fellow officers as a “workaholic” and an ambitious person who put fear in his colleagues.

“Thus, it was not at all surprising that most of his officers... had the inevitable habit of lying,” it said.

The RCI recommended that the MACC Act passed two years ago be amended to prevent further abuses and misinterpretation of the law and to afford protection to witnesses and suspects against human-rights abuses as well as to take a more balance approach in the fight against corruption.