Lawmakers from both sides of the aisle have panned the civil service committee probing MACC chief commissioner Azam Baki as being inadequate.
Pasir Gudang MP Hassan Karim (PKR), Bukit Gelugor MP Ramkarpal Singh (DAP), and Alor Setar MP Afnan Hamimi Taib Azamudden (PAS) opined that the committee, led by Attorney-General Dusuki Mokhtar, lacked independence, while having a narrow scope.
Based on a statement by Chief Secretary to the Government Shamsul Azri Abu Bakar, the committee will only investigate Azam’s shareholding scandal, and not broader allegations that the MACC had colluded with private individuals to strong-arm business rivals.
The committee, which also consists of Public Service Department director-general Wan Ahmad Dahlan Abdul Aziz and Treasury secretary Johan Mahmood Merican, will report their findings to the cabinet.
All MPs Malaysiakini spoke to agreed that the collusion allegations must also be investigated, with Hassan dubbing it a white-collar crime.
Hassan further said that Dusuki heading the committee created a potential conflict of interest.
“If there is a case (based on the committee’s findings) that needs to be prosecuted, the cabinet would have to refer it to the Attorney-General’s Chambers.
“But if at the investigating stage the attorney-general is involved, there will be a conflict of interest, and it will weaken the AGC’s power to press charges,” he told Malaysiakini.
Ramkarpal expressed a similar opinion.
“It is elementary that the AG cannot investigate and prosecute at the same time,” he said in a statement pursuant to queries from Malaysiakini.
He added that the probe should be done by an independent committee whose members have no interest in the outcome of investigations.
Potential toothless tiger
For Afnan, this job should fall to a royal commission of inquiry (RCI) consisting of a former chief justice, former AG, former inspector-general of police, and other experts.
He said the RCI should also report to the Yang di-Pertuan Agong and Parliament.
“This is not child’s play, this is a national integrity issue,” he stressed in a statement building on earlier comments to Malaysiakini.
Advocacy group Aliran also separately called for an RCI to be established.
Kelana Jaya MP Wong Chen, in a Facebook post, suggested that the existing panel be expanded to include a former judge, such as former chief justice Tengku Maimun Tuan Mat, and a civil society leader.
Commenting on the committee, Ramkarpal said it risked being labelled ineffective and a potential toothless tiger due to a lack of investigative powers.
He expressed doubt that the committee can produce documents and compel the appearance of witnesses, which the DAP MP said means the committee might only be able to go on Azam’s version of events and end with limited conclusions.
He drew comparisons to the independent committee appointed by the Football Association of Malaysia to investigate the heritage players scandal, which hit a dead end due to a lack of documents and witnesses.
Ramkarpal and Afnan also called for Azam to be placed on leave pending investigations, citing concerns that the MACC chief may influence proceedings.
In the spotlight
Azam was in the spotlight earlier this week after Bloomberg and Malaysiakini separately reported that the anti-graft agency chief had significant shares in two companies that appeared to be in excess of what the civil service allowed.
Companies Commission of Malaysia records revealed that Azam had at some point held 17.7 million shares in Velocity Capital Partner Berhad and around 4.52 million shares in Awanbiru Technology Berhad.
The Velocity Capital Partner shares were believed to have been bought for around RM1.5 million, while the Awanbiru shares were estimated to have been valued between RM1.24 million and RM1.38 billion at some point.
While share trading by civil servants is not illegal, the 2024 Public Officers’ Conduct and Disciplinary Management Circular stipulates that civil servants are not allowed to purchase shares that exceed five percent of paid-up capital or RM100,000 at current value.
However, Azam countered that his shareholding did not involve paid-up capital but was instead acquired through purchases on the open market.
On Thursday, Bloomberg released a damning report accusing the MACC of collusion with businesspersons - an act which the business portal claimed Azam was aware of and had even supported. - Mkini
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