When MACC completes an investigation, the findings are submitted to the Attorney-General’s Chambers, which decides whether there are sufficient grounds for further action.
Deputy commissioner for prevention Shamshun Baharin Mohd Jamil said this when defending MACC at a forum in Putrajaya this morning.
This was after a member of the audience questioned its impartiality with regard to cases involving politicians or high-profile individuals.
To illustrate his point, Shamsun revealed that MACC also investigated the “cincin” (ring) case, but refused to furnish details when approached later.
“We investigate everything, we even investigated the ‘cincin’ (ring) case. But the decision whether to charge lies with the attorney-general,” he told the forum.
“The issue here is prosecution. We investigate – it is is not that we do not investigate politicians – but it is not the MACC’s jurisdiction to charge individuals.
“Under the Federal Constitution and MACC Act 2009, only the attorney-general has the power to open a case. Also stipulated in the act is how we need to seek permission from the public prosecutor before forwarding a case to the attorney-general.
“In our justice system, the attorney-general and public prosecutor are the same person,” he explained.
Though the MACC officer refused to divulge more about the investigation, it could be related to the accusation that Rosmah Mansor, wife of former premier Najib Abdul Razak, purchased an RM24 million diamond ring using public coffers.
Rosmah had maintained that the ring was for for viewing purposes alone.
In April 2013, Philip Nassimi, the director or US-based fine jeweller Jacob & Co, said that the 30.11-carat natural fancy blue grade cushion diamond ring was for viewing purposes by Maira Nazarbayev.
Nazarbayev is the mother of Daniyar Nazarbayev, the husband of Rosmah’s daughter Nooryana Najwa.
“The ring was not purchased by Madam Rosmah nor Maira Nazarbayev,” he reportedly said.
Charge politicians as well
Earlier, assistant customs director Norliza Bahari had questioned during the Eradicating Income Leakages Nationally forum why civil servants – in particular customs officers – had over the years been subject to more graft probes than wealthy politicians.
Transparency International (Malaysia) president Akhbar Satar, answered by saying all those responsible for wrongdoing ought to be implicated, regardless of their position in the government.
“For cases of misconduct by public officers, you should not just penalise the officer because they probably received wahyu (inspiration) from a politician. The politician should be penalised as well.
“Sometimes this ‘inspiration’ comes in writing, verbal instructions or by phone. But we have to be fair,” Akhbar said to applause from the customs officers in the audience.
Customs director-general T Subromaniam was also a panellist at the forum, which was moderated by National Integrity Institute deputy director Ahmad Fadzli Ahmad Tajuddin.
MKINI
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