A royal commission of inquiry is the best way to go if the government is serious about investigating allegations that there is a “corporate mafia” involving certain officers from its anti-graft agency.
The Center to Combat Corruption and Cronyism (C4 Center) said this is because agencies which have been accused of being involved in this “corporate mafia”, namely the MACC, cannot investigate themselves.
This was a rebuke to the Madani administration’s statement on March 11 that its enforcement agencies, including the MACC, would investigate these allegations, which first surfaced in a Bloomberg special report.
C4 Center described the cabinet's instruction as a "disappointingly weak response" to the allegations, saying it "falls short of the level of independence and scrutiny that the public would reasonably expect".
In a statement, its CEO Pushpan Murugiah said the decision to involve MACC in the investigation also raises serious concerns about institutional conflict of interest.
"The fact that MACC is among the agencies tasked with investigating the matter - despite allegations that touch on the commission itself - risks creating the perception that the institution is effectively involved in investigating its own affairs.
"Regardless of the outcome, such an arrangement is unlikely to inspire public confidence and will only serve to intensify existing mistrust toward the integrity of the investigative process," he said in a statement.
Pusphan also pointed out that the instruction followed an earlier cabinet decision to establish a special committee to investigate allegations about MACC chief commissioner Azam Baki's shareholdings in publicly listed companies.
These issues, he said, cast a significant shadow on the credibility of the nation’s anti-corruption framework.
"For this reason, C4 echoes the growing calls from civil society for the government to establish an RCI to examine all allegations that have been raised in relation to Azam and the MACC itself.
"An RCI would provide an investigative mechanism that is structurally independent from the agencies involved, equipped with broader investigative powers, and capable of conducting proceedings in a manner that allows for meaningful public scrutiny."
Amid escalating calls for a probe into allegations that its officers are entangled in a “corporate mafia” scheme, the MACC on Feb 24 issued a second firm denial and dismissed the claims as baseless.
Raising questions
Bloomberg had reported that certain MACC officers were in cahoots with some corporate personalities to shake down business rivals.
Following the report, politicians from both sides of the divide have called on the government to establish an RCI to look into the allegations.
In a separate statement, Seputeh MP Teresa Kok said the government’s decision not to set up an RCI raises questions because many of its leaders have in the past called for one when it came to investigations of public institutions.
In fact, when the accusations first came to light, top leaders of her party, the DAP, had demanded that the government set up an RCI.
“The issue does not just involve one individual or the reputation of one institution. It hits at the ability of the public to trust the integrity of the country’s administrative system.
“In a situation where the accusations are serious, only an investigation process that is truly independent and open can erase doubts,” she said. - Mkini
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