The eagerly awaited Agencies Committee hearing on MACC boss Azam Baki has been postponed after he complained about the nature of the investigation.
Earlier today, Abdul Latiff Rahman (PAS-Kuala Krai) - chairperson of the bi-partisan Parliamentary Select Committee (PSC) on Agencies under the Prime Minister's Department - informed eight other committee members that he received correspondence from Azam.
Therein, Azam (above) said if the hearing was to be held on Wednesday (Jan 19) as planned and the agenda remained unchanged, then the Dewan Rakyat Standing Orders would be breached.
Azam argued that this was because he filed a defamation suit and matters to be discussed by the PSC might be considered by the courts.
Furthermore, Azam argued that he was already being investigated by the Securities Commission and the MACC Complaints Committee.
As the discussions centred on his conduct, Azam also argued that any discussions in Parliament should be conducted by means of a private motion and not by a select committee.
"Azam said that the hearing might be ultra vires (beyond legal authority) based on provisions under the Houses Of Parliament (Privileges and Powers) Act 1952," Abdul Latiff said.
In view of this, Abdul Latiff said he would consult the Dewan Rakyat's legal advisor.
Repeated attempts to reach Abdul Latiff for comments were unsuccessful.
However, two Agencies Committee members - William Leong Jee Keen (Pakatan Harapan-Selayang) and Chan Foong Hin (Harapan-Kota Kinabalu) - confirmed to Malaysiakini that they received the message from the chairperson.
Moreover, both confirmed that the latest instruction received was that the Wednesday hearing had been postponed.
"We were notified at around noon today," Chan said.
Leong said it was Abdul Latiff's prerogative to reveal the terms of reference of the hearing.
"I will ask for a PSC meeting for the chairman to announce the terms of reference for the inquiry," he said.
Azam, 58, was appointed MACC chief commissioner by the Yang di-Pertuan Agong on March 2020 on the advice of the then prime minister Muhyiddin Yassin.
Public records show that Azam was a significant holder of warrants in the public-listed company Excel Force MSC Sdn Bhd as of March 2016, when he was head of the MACC investigations department.
Public outcry only occurred in December last year after prominent academician Edmund Terence Gomez resigned from the MACC's Consultation and Corruption Prevention Panel, ostensibly because the panel refused to look into the matter.
Following this, Azam claimed the transaction took place because his trading account was used by his brother, Nasir.
Therefore, Azam argued that he had no pecuniary interest in the matter and neither was there any element of conflict of interest.
However, critics argue that Section 23 of Service Circular 3/2002 bars civil servants from owning an equity stake above RM100,000 in value.
While Prime Minister Ismail Sabri Yaakob oversees the MACC, he has kept mum on the controversy so far.
All Parliamentary Select Committees are bi-partisan and have powers to subpoena anyone as a witness. Every hearing has to be accompanied by a final report where transcripts of the proceedings may be included. - Mkini
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