When serious allegations against the MACC go uninvestigated, but weak, scurrilous suspicions are used to probe whistleblower MP Rafizi Ramli by the same crime buster, it raises vexing questions over the integrity and impartiality of enforcement.
The allegations against MACC and its chief commissoner Azam Baki require an immediate police investigation and a deep, unbiased look at the anti-graft agency, perhaps through a suitable royal commission or a parliamentary committee headed by an opposition MP of repute.
There is reason for appointing a permanent oversight body to investigate any complaints over MACC’s behaviour, which has been suggested by PKR deputy president Nurul Izzah, who is at odds over this with her father, Prime Minister Anwar Ibrahim.
“PKR has raised this concern consistently since the early 2000s. When such powers are left unchecked, the risk of abuse is not hypothetical - it is inevitable. When there is no one watching the watchmen, accountability erodes,” she said.
Bernama reports
The allegations against Rafizi (above, right) first emerged in a report by government mouthpiece Bernama, citing sources, that the MACC was investigating a RM1.1 billion agreement between the government and a foreign company.
The report said: “According to sources, the investigation follows complaints from several NGOs alleging that the agreement was hastily arranged and biased, and could potentially cause financial implications to the government.”
While it did not name Rafizi, it mentioned that documents had been taken from the Economy Ministry. Rafizi was the minister then. It is unlikely that this Bernama report would have passed muster without the approval of the powers that be.
Bernama’s chairperson now is Wong Chun Wai, who was previously a chief executive, group editor and adviser of The Star newspaper.
During his tenure, Wong and the newspaper wrote glowing articles about now wanted criminal Low Taek Jho (Jho Low).
They were staunch supporters of then-prime minister Najib Abdul Razak even as the 1MDB saga unfolded, gathering momentum in 2015 and 2016 with wide reporting on social media but blacked out in the controlled mainstream media.
Let’s look, in turn, at the allegations to show which is far more serious and the strength of the allegations against Azam and Rafizi.
Pointed accusations
Internationally respected news and information provider Bloomberg made pointed accusations against MACC and Azam in an article titled “Who’s Watching Malaysia’s Anti-Corruption Watchdog?”
He was already facing flak over his apparent exceeding of civil service limits for shareholdings in companies.
If the Bloomberg allegations are true, crooks are working with MACC to force shareholding and boardroom change in corporate Malaysia through an orchestrated blackmail of key officials and shareholders.
This includes threatening to press charges against them, eventually resulting in those affected losing control of the company at steeply discounted prices. Bloomberg cited events, instances of intimidation and named some of those involved and their modus operandi.
The report says this was happening at the highest levels, with MACC officers being present at meetings to pressure victims into submission. Despite legal action by Azam, Bloomberg stands by its story.
If this is true, no one is safe. Legitimate owners of companies can lose their shareholdings to crooks with the help of MACC. That’s truly shocking - those entrusted with fighting corruption are up to their necks in it.
It is blatant theft, and it can seriously affect business as locals go elsewhere to do their business and foreigners stay away. The government should take it seriously and get to the bottom of this if it is serious about fighting corruption.
Police reports have been lodged against Azam and the MACC. Bloomberg has no axe to grind against the government.
There is much to investigate from the report alone. Azam has not addressed the serious allegations made - he only denies them. Under the circumstances, a full-blown police investigation is necessary.
Police probe needed
The police are the best people to investigate. The government should have announced a senior police officer who has an unblemished track record and instructed him to investigate without fear or favour.
The attorney-general is not the competent authority to investigate crime - it's a police case. And Azam and anyone else allegedly involved must be suspended during investigations.
On top of this, there are the allegations that Azam exceeded share purchase limits set by the government, as explained in this article.
The government’s response has been merely setting up a committee composed of civil servants to investigate only the share transactions, not the Bloomberg allegations, as I explained in my column.
Tellingly, there is no MACC or police investigation of the allegations in the Bloomberg report. Instead, Bloomberg is on the ropes and the subject of a criminal defamation investigation for that report, a classic case in Malaysia of a whistleblower facing a charge instead.
Bernama is not known for breaking major controversial stories, especially those involving the government. The government appoints its chairman and other key board members
But its report put Rafizi in a bad light, and pro-Madani social media influencers are taking up the cudgels against Rafizi, who has strongly defended his role as reported in this article.
Besides the RM1.1 billion probe, Rafizi is also accused of steering a contract worth RM2.5 billion toward a company with ties to him, making a grand total of RM3.6 billion.
This is what Rafizi had to say about the investigation: "Unlike other cases, MACC has produced no evidence whatsoever. There has been no seizure of hundreds of millions, no gold bars. There is no evidence of hundreds of millions parked in my accounts.
“Not a single shred of evidence exists, yet all of this is being zealously hawked as headline news. This is what happens when desperate parties resort to slander.”
He stressed that the Economy Ministry was a planning ministry and did not manage procurement or contracts.
Questionable timing
The timing of these investigations by MACC into the affairs of the Economy Ministry at a time when Rafizi has loudly and persistently called for Azam to step down raises questions, especially when the allegations against Azam are so serious, and the investigations into Rafizi are being made on flimsy allegations by some NGOs.
If Rafizi needs to be investigated, then Azam needs to be investigated much, much more. He must step down during these investigations. The investigating authority needs to be the police, headed by a respected officer who is publicly allowed a free and fair investigation.
Anwar has no more excuses to delay Azam’s removal as MACC chief pending the investigations. Public opinion is moving against him. His own daughter is part of the group within the party who are calling for investigations, an oversight body and even a royal commission inquiry.
The ball is at the goalpost. If Anwar does not kick it away, it will be an own goal with dire consequences, which may severely affect his chances of becoming prime minister again at the next polls.
Remember, we kicked out Najib, and we can do it again if there is a dire and blatant disregard of governance, fair play and independent investigation and prosecution by the Madani government.
Much like 1MDB, this is just too much to be swept under the carpet. We cannot allow our already low limits to slip any further; we have to push them higher. - Mkini
P GUNASEGARAM says there is no substitute for fair, independent and competent investigation into crime if there is to be good governance and accountability in government.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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