MACC panels have done more harm than good

To say that the image and reputation of the Malaysian Anti-Corruption Commission (MACC) are in tatters would be an understatement.

Its chief, Azam Baki, offered a preposterous and ludicrous explanation on his reported ownership of shares in public-listed companies. But he did not do himself any favour by claiming, “I did no wrong”.

Adding fuel to the fire, MACC’s Anti-Corruption Advisory Board (ACAB) lost all its credibility and standing by “clearing” Azam of any wrongdoing.

Leaving aside the issue of its powers and terms of reference, ACAB chairperson Abu Zahar Ujang (above) appeared to be ignorant of the laws related to the use of proxies under the Security Industry (Central Depositories Act).

But focusing on Azam and Abu Zahar’s utterances would be missing the trees for the woods. These are just a culmination of events that have brought the conduct of the MACC and its officers under scrutiny.

Abu Zahar’s so-called exoneration of Azam not only reflects the institutional failure of oversight mechanisms but also the quality of the people who helm them.

MACC chief commissioner Azam Baki

This is not exactly the first time in the recent past that MACC has made the headlines for the wrong reasons.

Most glaring of them is the decision to drop 29 bribery charges against former Federal Land Development Authority (Felda) board of directors member Noor Ehsanuddin Mohd Harun Narrashid.

While this took place in May last year, under surreptitious circumstances, it was not until four months later that the MACC broke its silence after the public poured scorn on its actions – after the issue was raised in the media.

The MACC said: “Based on new findings (obtained) through Noor Ehsanuddin's new (defence) statement, the accused successfully proved that he had paid back the sum in question before the start of the (initial) investigation. A key witness also confirmed the matter (money) as advances.”

At that time, I had commented: “Now, now, please do tell us that the MACC is not giving ideas to the corrupt and the dishonest that if they return the dirty money once they get a whiff of an investigation, they can get away scot-free!

“Please do also tell us that a bribe, a kickback, a back-hander, or whatever you call it, remains a bribe and returning it does not absolve one from being prosecuted.”

'MACC plays deaf and dumb'

As usual, the MACC played deaf and dumb and made no effort to rebut the assertions made.

In September last year, US$6.04 million (about RM25 million) disappeared from the strong room of the MACC where exhibits are kept. Three officers were arrested and one of them was charged on Monday.

In December, police arrested three MACC officers to assist in investigations into a robbery case at a house along Jalan Ampang, involving the loss of RM700,000.

The latest issue has brought a once-revered organisation into public odium and ridicule. Judging from the comments on related articles in Malaysiakini, the revulsion and contempt of the people against the MACC are clear.

Although there were media reports late last year on Azam’s ownership of shares which were subsequently raised in Parliament, both Azam and Abu Zahar maintained a stoic silence.

Edmund Terence Gomez

When academician Edmund Terence Gomez raised the issue and resigned as a member of the MACC’s Consultation and Corruption Prevention Panel after there was no response to his queries, the same indifferent attitude continued.

And the stand taken was to divert attention with some nonsensical statements.

The Prevention Panel chairperson Borhan Dolah asked Gomez to refrain from using the panel for political agenda and to refrain “from harping on the alleged misconduct by the Azam.”

"He should not try to use this panel for any political agenda or inclination. The panel wants to remain professional without favouring any party,” Borhan was quoted as saying by Malaysiakini.

There was nothing political about it and as a panel member and a taxpayer, Gomez raised a legitimate issue - on which answers were needed but were not forthcoming.

Abu Zahar, on the other hand, initially denied receiving any note from Gomez on the issue but his bluff was called by Gomez, who released copies of his email and the attachments to the media.

Where do we go from here?

For a start, this culture among government agencies to ignore letters must change. If Abu Zahar and his panel met Azam on Nov 24 as claimed, why did he deny receipt of the letter and why did he not make public his exoneration of Azam thereafter?

This alone questions Abu Zahar’s credibility and integrity of not only himself but also the board he leads.

MACC Consultation and Corruption Prevention Panel chairperson Borhan Dolah

The issue of appointing politically-connected persons and retired civil servants to sit on boards of government agencies has been extensively discussed and debated.

While the government is empowered to appoint anyone it deems fit, the independence and the actions of some of these appointees have come under a cloud.

There are so many examples, but the government is yet to learn its lesson. It continues to appoint individuals for political expediency and in some cases, loyalty.

In the process, it adds to the already-ingrained malaise of the truth deficiency syndrome, which has resulted in the people having little confidence in the organisations they head.

And if the Securities Commission acts against Azam, it will add credence to the call for credible people to helm boards of agencies. It will reveal that there were no hidden or political motives as claimed by Borhan, who like Abu Zahar, must prepare his resignation letter immediately. - Mkini