The way forward for MACC - from toothless to ruthless

At the height of the news on the 1MDB scandal in 2015, a surreal drama was being played out. Two enforcement arms of the government were involved in a serious game of “us versus you”. It was not a charade when the Royal Malaysian Police (PDRM) took on the Malaysian Anti-Corruption Commission (MACC).

Seven officers including special operation division deputy director Tan Kang Sai, special operations division director Bahri Mohamad Zin, forensics division director IG Chandran and deputy public prosecutor (DPP) Ahmad Sazilee Abdul Khairy were hauled up by the police to assist into the investigations on the alleged leak of information on the 1MDB probe.

Ahmad Sazilee, who was on secondment from the Attorney-General’s Chambers, was among three individuals detained after several police reports were made against Sarawak Report editor Clare Rewcastle-Brown.

These days, both parties are on the same side with the MACC “using” the police to come down on detractors and critics. The argument is that false accusations have been made by individuals which tarnished the name of the MACC.

Why is the MACC reacting like this – akin to using a sledgehammer to kill a fly? It could be due to the new leadership, but in the past, even more serious allegations have been made.

It is understandable that in many instances, incredulous and dubious claims are made by accused persons or witnesses who had been involved in corrupt practices or were parties to dubious transactions. In most cases, such claims are brought up before the judge who then ascertains their truthfulness and makes a ruling accordingly.

Many accusations had been made in the past in open court – in the safety of the witness box where claims of threats, coercion and assault were repeated unequivocally. In at least one instance, the MACC prosecuted 11 witnesses for perjury but all were acquitted. (Their statements contradicted their testimonies in court.)

In the past, it had always been customary for MACC to issue a simple denial of the allegations. Why then the police reports now? Is it because it involved personalities linked to political parties? Are the charges that have been made more serious than those made on the death of former DAP aide Teoh Beng Hock in MACC custody?

All kinds of accusations have been levelled at MACC on his death and that of another – Customs officer Ahmad Sarbani Mohammed – and yet, it maintained its silence.

Six months ago, the Teoh Beng Hock Trust for Democracy asked the authorities to look into any criminal elements involved in his death. It also sought a murder or culpable homicide charge if the perpetrators are found and proven to have caused Teoh’s death. Yet, there has been no word from the MACC, although the claims are serious.

Let’s accept two important points: the MACC is not exempt from criticism; and anyone who has been treated unfairly and unjustly has a right to air his views.

I recollect that 15 years ago, I locked horns with the chief of what was then the Anti-Corruption Agency (ACA) chief, Zulkipli Mat Nor. I questioned him, among others, on his numerous ‘lawatan sambil belajar’ (which he had admitted to) at a forum chaired by former chief justice Annuar Zainal Abidin.

After our public spat, Zulkipli in a conversation with my then colleague, Terence Fernandez, remarked that “senior ACA officers are unhappy with what Nades is writing. And because the ACA reports directly to the prime minister, these criticisms are also directed at the PM.”

It was a veiled albeit hollow threat. There were several other spats during his tenure but they were not acted upon. I had wished he would have taken it further.

Losing its bite

It is common knowledge that the MACC lost its bite during the Najib Razak-BN reign but the change of government in May 2018 saw the commission being transformed into a vibrant and pro-active organisation which was in the forefront on fighting corruption.

The spate of arrests, seizure of goods and the subsequent prosecution of several VVIPs including the former prime minister and his deputy gave us hope that we are on the right footing to clean up the mess that had accumulated over the years.

But the perception changed over the past few days. The withdrawal of charges against Najib’s stepson Riza Shahriz Abdul Aziz and former Sabah chief minister Musa Aman dealt a blow to the image of the MACC.

Although the decision was made by the attorney-general (AG), the MACC has been implicated. Failing to understand the difference between “consider” and “agree” in the minutes of the previous AG in relation to the Riza case was a dead giveaway.

At this point, it is pertinent that the MACC be reminded of what the then prime minister Abdullah Ahmad Badawi’s advice when launching the new organisation in 2009: “The MACC must not end up with the same perceptions that afflicted its predecessor (the ACA) – of not being independent, of being a toothless tiger, of practising selective enforcement and of not being professional in their investigations, all of which damaged its reputation and credibility.”

Precisely. Before the discernment veers to the lower end of the spectrum, the MACC leadership has to stand up to politics and politicians like its predecessors, Abu Kassim Mohamed, Shukri Abdull and Latheefa Koya.

Stop harassing the ikan bilis and wasting manpower. Concentrate your initiatives on the many ikan yu who have and are still surviving because of political patronage.

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R NADESWARAN was a member of MACC’s Advisory Panel on Prevention for one term during which the 1MDB scandal engulfed the nation. Comments: citizen.nades22@gmail.com. - Mkini