The cabinet’s response to serious allegations of corruption made in a detailed Bloomberg investigation against the MACC can only be described as pathetic, ineffectual, and nothing more than yet another attempt to excuse its chief commissioner, Azam Baki.
If a serious investigation from the government is to be respected, it must involve a crime/graft buster of experience and reputation who is publicly given a mandate to investigate without fear or favour, not the chief secretary to the government, who is already beholden to the prime minister. That means police involvement.
Concomitant with that should be the appointment of a body independent of government and the prime minister.
One example is a bipartisan parliamentary committee headed by a reputable opposition MP and composed of independent MPs, to look into this and make binding recommendations, including how similar instances can be avoided.
An investigation should be accompanied by an unequivocal, unambiguous statement that Azam will be on leave and/or suspended from his job until the conclusion and disclosure of the outcome of the investigation. Anything less is laughably inadequate.
Utter disregard
Government spokesperson Fahmi Fadzil’s announcement yesterday that the Chief Secretary to the Government Shamsul Azri Abu Bakar will head the investigations shows an utter disregard for the severity of the latest allegations.
Also, it is rather peculiar when Fahmi said the cabinet did not discuss whether Azam should be suspended or go on leave during the period of investigation.
Since that important factor was not discussed, that can only mean one thing: Azam will continue to head the MACC until otherwise stated.
And that is an unacceptable situation. The right thing to do would be to suspend him right now while investigations take place - only then can it be fair.
Otherwise, he could hamper investigations, which in this case involves not just him but other MACC officials.
That is so basic. It is mind-blowing that the cabinet saw fit not to make a clear decision that Azam must leave the scene completely from now to the entire period of investigation to ensure he has no influence over MACC officials or opportunity to tamper with evidence.
Delay gives Azam the opportunity to do exactly that. The suspension and removal of Azam must be immediate to ensure that he does not have that opportunity. Surely the cabinet must realise that.
What transparency?
Adding insult to injury, Fahmi had this to say at his weekly press conference: “Once the investigation is completed, the findings will be presented to the cabinet for any further action.
“This is part of our efforts to ensure transparency and integrity in the investigation process.”
How would that add to transparency and integrity? There is no mention of making it public - only that it will be presented to the cabinet for further action.
Transparency will only happen when the entire report is made public. Integrity needs to be proven.
The latest allegations by Bloomberg, both in an online report and a YouTube video documentary, are particularly insidious.
It is much more so than the earlier, already serious allegations of suspicious and unwarranted share trading in listed companies, which exceeded government limit rules and raised serious questions of probity.
Malaysiakini said: “A Bloomberg report alleges that the MACC, including its higher-ups, has colluded with businesspersons in schemes to muscle out rivals and stage corporate takeovers.
“According to the report, a small group of businesspersons had been employing a strategy in which they express an interest in a target company, then lodge MACC complaints against it.
“The MACC then launches an investigation against the company's founders and applies pressure that allows those who lodged the reports to gain access and control of their targets.”
The Bloomberg report goes into detail, even naming those who allegedly colluded with MACC officials to put pressure on targets within MACC, to make them succumb and sell out at low prices to others.
Of course, Azam has denied the allegations levelled against him and welcomed independent investigations, with MACC issuing a strongly worded statement claiming that the allegations were made with malicious intent to tarnish the commission’s reputation.
However, do bear in mind that Bloomberg is an international agency respected for its coverage of financial news and provision of information throughout the world. As such, the allegations made must be investigated.
No such allegations - that an agency was working with crooks to put pressure on businesspersons to relinquish their stakes at huge discounts - have been thrown against any enforcement agency before, let alone an anti-corruption agency in Malaysia.
If that is true, no one is safe in Malaysia. And all our cabinet can do is to respond feebly by appointing its chief secretary to investigate the most serious allegation made against the MACC by a reputable news agency, which includes names and incidents!
And then, there is the matter of Azam’s previous transgressions, as I mentioned here.
Malaysiakini reported two days ago that Azam has shares in another company, Awanbiru Technology Bhd, worth over RM1 million.
Its checks with the Companies Commission of Malaysia records found that as of Jan 13 this year, Azam had slightly over 4.52 million shares in Awanbiru Technology Berhad or a 1.08 percent stake valued at RM1.38 million as at Jan 13.
Curiously, when it was checked at 9am on Feb 11, there was a listing of the records for that amount under his name.
But by 5pm the same day, it was no longer there. How could that have happened? This itself warrants an investigation.
On Feb 10, a Bloomberg report, verified by Malaysiakini, said that Azam had bought 17.7 million shares in Velocity Capital Partner Bhd.
“The shares are worth close to RM800,000 as of the opening of trade today, far in excess of the limits placed on civil servants, where they cannot buy more than RM100,000 worth of shares in any single company,” Malaysiakini reported.
There is enough to warrant a much more serious investigation than the one approved by the cabinet. If the law may have been broken, it needs an independent police investigation.
Police reports have already been lodged. So, why are the cabinet, the prime minister, and the police dithering? - Mkini
P GUNASEGARAM says there are very few cases worth full, unfettered investigations more than this one.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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