Corruption: Enough talk, let’s see the action

 

In May, a Facebook page aligned to Dr Mahathir Mohamad released an audio recording, purportedly from the Bersatu supreme council meeting on Feb 23.

Malaysiakini reported: "In the recording, a man whose voice resembles that of party president Muhyiddin Yassin is heard saying that Umno MPs can be enticed to join Bersatu if they are offered ministerships or GLC posts.

"If they know a new government is being formed, with Umno in, 'Why don't you (Umno MPs) join in now, why don't you join us now, rather than you join later?'

"I think if we did that, a majority would leave Umno (with just) 10-20 (MPs), with just Najib (Abdul Razak) and his people (left behind). Especially if there are positions. If not a minister, then chairperson of a GLC (government-linked company)," the man said.

Neither Muhyiddin nor other party leaders have disputed or denied the contents of the recording. This means that these positions were offered as "gratification" in the form of "positions" for support to what is referred to as the "backdoor government."

Since coming to power, Muhyiddin's Perikatan Nasional (PN) government has appointed more than three dozen of its MPs as heads of GLCs, government agencies, and newly-created diplomatic positions.

Why raise it now, the reader may ask. That's because the de facto law minister Takiyuddin Hassan told Parliament recently that everyone, including political leaders, will have to incur the wrath of the law if caught for corruption. Was he addressing members of his own congregation?

If political leaders will not be spared as claimed, how come so many MPs are occupying seats of power in GLCs and government agencies, despite some of them having tainted pasts?

The MACC has come under criticism, especially in the recent past with the "discharged not amounting to an acquittal" (DNAA) in one or two high-profile cases. There have been accusations that "deals have been done".

The MACC Act describes "gratification", among others, as "any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity".

But the MACC can redeem itself by looking at the "positions for support" offer which was accepted with open arms by certain MPs. Section 16 of the MACC Act states:

Any person who by himself, or by or in conjunction with any other person:

(a) Corruptly solicits or receives or agrees to receive for himself or for any other person; or

(b) Corruptly gives, promises or offers to any person whether for the benefit of that person or of another person, any gratification as an inducement to or a reward for, or otherwise on account of:

(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or (B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned, commits an offence.

Need anything more be said except that both offeror and recipient can be prosecuted?

In the meantime, it is heartening to note that the MACC is cracking down on unaccounted wealth by civil servants. Last week, a clerical staff of the Perlis Fisheries Department was charged with failing to explain an excessive amount of money - RM368,162.98, in his bank account.

Mohd Zainal Murad @ Jusoh, 50, a fisheries assistant at the department's resource management division, was alleged to have failed to provide a satisfactory explanation on the money in the bank account, which is excessive, with regards to his present and past emoluments.

The charge, framed under Section 36 (3) of the MACC Act 2009, provides for imprisonment for up to 20 years and a fine of not less than five times the value of the excess, or RM10,000, whichever is higher if found guilty.

At a roundtable discussion on amendments to the Act some years ago, the Bar Council and various civil society groups requested a clause making it "an offence for any individual to have assets or lead a lifestyle beyond his or her declared income".

Hong Kong’s Independent Commission has effectively used this clause against corruption to crackdown on those who amassed wealth through illegal means. Although the requested amendments did not go through, it is heartening to note that MACC is using Section 36 to prosecute those with ill-gotten gains.

But while the move is applaudable, the same should also be applied to those in the private sector who have gained ill-gotten healthy bank accounts, apartments, and luxury cars.

There have been many cases in the past where money and valuables were seized, but we were told that they could not be charged for "lack of evidence".

But shouldn't the accused person be answerable as to the source of his or her money as in the case of the fisheries department officer?

In May 2017, 13 people, including senior officers, were arrested in a major police protection racket across gambling dens and prostitution houses in Malacca. The MACC seized RM800,000 from the police quarters of one police corporal.

There was no prosecution, supposedly because of "lack of evidence" but for a police corporal to have RM800,000 in his house necessitates the use of Section 36. Why was this not done?

Azam Baki

By the way, what does the MACC mean when it says they "are waiting for the right time" to charge accused persons? On Oct 8, MACC chief Azam Baki said the Attorney-General's Chambers had agreed in principle to charge several parties who were involved in the scandal surrounding the sale of property in Melbourne to Mara Incorporated Sdn Bhd (Mara Inc).

"One of them (a suspect) is maybe in Sabah, and under quarantine, so we have to set the time. In this case, we will not protect anyone. We are firm. Just wait for the right time," he said in an interview with the agency's radio station MACC.fm.

It has been more than two months since that announcement. How long do we have to wait for the "right time?"

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R NADESWARAN says he expects the MACC to live up to its credo of being independent and not brooking any interference from the executive. Comments: citizen.nades22@gmail.com - Mkini

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.