Lawyer: No legal provision for MACC honorary advisors

Lawyer Mohd Haniff Khatri Abdulla today questioned the legality of how the MACC and the government appointed four honorary advisors for MACC chief commissioner Dzulkifli Ahmad.

Haniff, who has acted for former premier Dr Mahathir Mohamad in several cases, said the MACC Act 2009 does not have any provision for the appointment of honorary advisors for the chief commissioner.

He pointed out that the Act's Section 13 already sanctions the appointment of an Advisory Board for Corruption Prevention, which has its members appointed by the Yang di-Pertuan Agong.

"There is no provision under the Act for honorary advisors to the chief commissioner. There is provision under Section 13 for the board of advisors, but not specifically for chief commissioner Dzulkifli."

"Where is the valid legal power for the formation of such a body to specifically advise Dzulkifli as the chief commissioner and what is the purpose of forming it?" he asked.

Hence, he said, their role and function could be challenged.

It was reported two days ago that former chief justice Zaki Azmi, Indah Water Konsortium Sdn Bhd chairperson Abu Zahar Ujang, Asian Strategy and Leadership Institute director Ramon Navaratnam and Malaysia Crime Prevention Foundation senior vice-chairperson Lee Lam Thye had been appointed as honarary advisers to Dzulkifli effective today until 2020.

According to the MACC, the advisors' role is to provide views and advice to the chief commissioner on operations, prevention, education as well as other matters relating to implementation activities at the request of the chief commissioner.

Haniff said Prime Minister Najib Abdul Razak and Dzulkifli should explain the appointments further, adding the public may see it as Najib seeking to control the chief commissioner's office, or Dzulkifli wanting to free himself from control by Najib's government.

He also questioned Dzulkifli and Najib's silence over a media report that quoted the Judicial and Legal Service Commission as recommending that Dzulkifli be sacked, following a video purportedly showing him in Bali with a married woman surfacing in the public domain.

Haniff questioned whether this was the reason behind the appointment of the four honarary advisors.

The Judicial and Legal Service commission was said to have made the proposal to the government following the allegations of misconduct made against Dzulkifli.

The allegations are also being investigated by the police under Section 498 of the Penal Code which deals with the enticing of a married woman with the intent of having illicit intercourse.

Prior to being MACC chief commissioner, Dzulkifli was head of the Forfeiture and Anti-Money Laundering Division at the Attorney-General's Chambers.- Mkini