'We can even investigate the IGP'

With continued allegations of corruption and electoral fraud in the country seemingly not dealt with, public confidence in bodies like the Malaysian Anti-Corruption Commission (MACC) and the Election Commission (EC) has been on the wane.

Similarly, the Enforcement Agency Integrity Commission (EAIC) has been struggling with the perception that it is a watered-down version of the Independent Police Complaints and Misconduct Commission (IPCMC).

Yet, faced with the problem of low public confidence in the commission, EAIC chief executive officer (CEO) Nor Afizah Hanum Mokhtar stressed that the body was far from powerless.

She cited the Enforcement Agency Integrity Commission Act 2009 as granting the commission vast powers in carrying out investigations, including conducting hearings and summoning any witnesses it considers necessary to testify under oath.

It also allows the EAIC to issue arrest warrants to compel the attendance of summoned individuals, as well as impose fines for up RM5,000 on those who refuse to cooperate.

No one under their jurisdiction is exempt from scrutiny, not even the inspector-general of police (IGP), she asserted, saying: "If people complain to us, we investigate".

Furthermore, the former Sessions Court judge sees the EAIC's broad jurisdiction over 19 agencies as an asset, compared to the police-centric powers of the proposed IPCMC.

"It's not fair to just look at the police, what is so wrong about it? Even with this commission we treat the complaints as they come, and the complaints are mostly against the police. 

"Some people ask us why there are so many agencies when the idea was it was just for the police... but we are not adversely affected because other bodies are under our purview.

"If people don't trust you, when you're entrusted to do something, it hurts. I think that is people's nature... There are people who don't trust that a man actually landed on the moon. People don't trust the invasion of Iraq and the reasons behind it," she said.

However, she is confident that their track record will eventually work in their favour, saying: "You don't have to go blowing your own trumpets, the results speak for themselves".

Recommendations cannot be ignored
A common criticism against bodies like the EAIC is that it is only created to draw up recommendations, only to be disregarded or ignored later.

However, Nor Afizah does not think that having the recommendations implemented is the only aspect of the commission's abilities to bring misconducts to light and seek redress.

Referring to the Act, she said, it is not necessary for agencies to accept the commission's recommendations for it to be effective.

"The Commission shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions," she said.

She asserted that the Act actually compelled such agencies to act on the results of EAIC's investigations, even if the group's recommendations are not taken up.

"In the Act, just because it says recommendation, it (also) says ‘for its action'. So it's not for you (the agencies) to consider whether you want to take action or not, it's for you to take action.

"One of the arguments is that we are toothless. That it is just our recommendation, and they don't have to take it. When I was working in Penang as a deputy public prosecutor, there was an old lady whose house was broken into. 

"She was confronted by the thief. So in the scuffle, she bit the intruder with her bare gums. So as I always say, you don't need teeth to bite," said the former judge in jest. 

Also, she revealed that the commission followed up on recommendations to see if action was initiated, pointing out that none of their recommendations have been ignored to date.

"Yes, yes. We ask. So far we have not had a case where the recommendation was not taken up. 

"But I must say we have not recommended any criminal proceedings to be taken, because we have never come across (such a case)," she said.

Rigorous investigation process
She also described how the commission comprehensively processes complaints, from verifying the authenticity of a complaint to conducting an investigation and finally referring its results to the relevant parties.

Firstly, the complaints committee will conduct a preliminary investigation to decide if a complaint is within the commission's jurisdiction and decide if the commission should proceed with a full investigation.

"Say we have a complaint against Inland Revenue Board of Malaysia, we cannot because it is not under our purview... (Also) because of the nature of the complaint, we want to verify first. We do not want to be caught by people who are malicious.

"For instance, when we get complaints in the form of an email, in the interest of transparency and to be sure we are not just being made a tool for people to be vindictive, we request them to come for statements to be taken," she said.

After arriving at a decision, the complaints committee will refer the matter to the commission with a recommendation to refer the matter to the appropriate parties - whether the disciplinary authority of the relevant agency or the MACC - or conduct a full investigation of its own into the matter.

"Say our investigation shows that we act on a complaint of a particular officer living the lifestyle of a millionaire if he's not, or that he has three wives (which requires department clearance) are disciplinary in nature.

"So we will revert the matter - as provided in the Act - back to the police and say ‘look, there's a complaint against so-and-so, this is for your action'," she explained.

On cases dealt by the EAIC, the finding will be made public and the complainant will be notified. 

However, if the complaint concerns a case of corruption, falling under the MACC Act, then the matter would be referred to the anti-graft body for probe. 

If a full investigation by the commission finds that the misconduct reported is criminal in nature, then the matter would be forwarded to the Attorney-General's Chambers.

"And let's say in our investigation we find that there is a criminal act, we will give instructions to the public prosecutor's office to say ‘Look, it has been disclosed that an offence of criminal nature has taken place'," she said.

Asked about the perception that the EAIC would not act against the government as its employees are paid by the government, Nor Afizah broomed aside the notion.

"We don't serve the government. Our pay comes via the government, but the money is yours - taxpayer money," she said.