Probe into MACC chief must be free from external influence, says Bar

 Malaysian Bar president Ezri Abdul Wahab says public confidence in the integrity of investigations cannot rest on assurances alone.

The Malaysian Bar said that while it does not take a position on the merits of any allegation, questions of fact must be determined through proper legal processes and based on evidence.

PETALING JAYA:

 Any investigation into allegations involving the Malaysian Anti-Corruption Commission chief commissioner must be independent and free from executive or political influence, says the Malaysian Bar.

Bar president Ezri Abdul Wahab said that while the professional body does not take a position on the merits of any allegation, it maintains that questions of fact must be determined through proper legal processes and based on evidence.

“Any review or investigation must be demonstrably free from executive or political influence.

“Public confidence cannot rest on assurances alone. It must rest on process,” he said in a statement.

He said standards of accountability must not shift with political position and that the integrity of institutions must be preserved, especially in moments of strain.

A three-member special task force has been formed to investigate allegations concerning MACC chief Azam Baki’s shareholding in a financial services company, which was reportedly above the limit prescribed for civil servants.

The panel is led by Attorney-General Dusuki Mokhtar, with the other two members being Treasury secretary-general Johan Mahmood Merican and public service department director-general Wan Ahmad Dahlan Abdul Aziz.

Ezri said the scope of inquiry, applicable legal standards and findings should be communicated to the public clearly and coherently.

“A conclusion without sufficient explanation will not quell doubt,” he said, adding that prolonged uncertainty would erode institutional credibility.

He also said all public officials, irrespective of rank, must be subject to the same legal and ethical standards as the appearance of differential treatment is as damaging as actual impropriety.

Several quarters have raised concerns over the task force’s composition, with the G25 group of prominent retired civil servants arguing that Dusuki should not lead the panel.

The group said that his appointment could create perceptions of an institutional conflict of interest, given his role as the government’s principal legal adviser and the authority responsible for overseeing prosecutions.

PKR MP Wong Chen suggested that the panel be expanded to five people, with the inclusion of retired chief justice Tengku Maimun Tuan Mat and a representative from civil society.

G25 and DAP MP Ramkarpal Singh have also called for Azam to be placed on garden leave pending investigations, a proposal he has dismissed, noting that others had remained in office while being investigated. - FMT