The opposition has poured scorn on MACC's Anti-Corruption Advisory Board and claimed the panel acted beyond its powers by clearing MACC chief Azam Baki over his ownership of millions of shares in two listed companies.
Instead, their MPs are calling for agencies with proper investigating authority including the police, Securities Commission, and Parliamentary Special Select Committee (PSSC) on Agencies to probe the matter.
Yesterday, Anti-Corruption Advisory Board chairperson Abu Zahar Ujang held a special press conference to explain the shares were bought in Azam's name by his younger brother.
Abu Zahar declared Azam (above) had not done anything wrong. The shares have since been transferred to the brother.
However, PKR's Sungai Buloh MP R Sivarasa pointed out that Section 23 of Service Circular 3/2002 forbids a civil servant from owning more than RM100,000 in shares.
"The MACC Anti-Corruption Advisory Board acted ultra vires in clearing MACC Chief Commissioner Azam Baki of the conflict-of-interest allegation when the Board has no power to do so under the MACC Act 2009," said Iskandar Puteri MP Lim Kit Siang.
He added that Azam's plea of innocence is not an answer to the allegations against him which have persisted for two months.
"Azam is wrong when he claimed that he was answerable only to the MACC’s Anti-Corruption Advisory Board as he is finally answerable to the people of Malaysia through Parliament and other intermediaries for his integrity and performance.
"Azam should go on leave and submit himself to a full investigation by the Parliamentary Special Select Committee on Agencies under the Prime Minister’s Department, where Azam, his brother, and the maker of Azam’s conflict-of-interest allegations are afforded full opportunities to state their case," said the DAP lawmaker.
Kota Melaka MP Khoo Poay Tiong and Kota Kinabalu MP Chan Foong Hin, who are members of the PSSC on Agencies expressed shock at Azam's statement that he was only answerable to MACC's oversight panels.
They said several areas needed to be looked into, including whether the value of the shares commensurate with his salary as a public servant, whether he declared the assets as a public servant, and the potential conflict of interest if there was a need to investigate the firms he was invested in.
Azam's explanation unsatisfactory
The MPs added that the explanation that the shares were bought in Azam's name by his brother was unsatisfactory.
"Why didn't the brother just buy the shares using his own account in the first place? Why is there a need for the brother to buy the shares using Azam's trading account first?
The general public does not buy Azam’s explanation as it stands. All these need to be answered by Azam," they said.
They also reminded Azam that the MACC Act 2009, from which the MACC draws its powers, is a statute passed by Parliament and called for the PSSC on Agencies to investigate Azam without delay.
Meanwhile, Kepong MP Lim Lip Eng pointed out that the Securities Industry (Central Depositories) Act 1991 (Sicda) forbids individuals from trading securities using another person's trading account unless he or she is an authorised depository agent.
He said contravention of the law provides a fine of up to RM3 million, or imprisonment of up to 10 years, or both.
"Section 25A of Sicda also states that an authorised nominee shall hold deposited securities for one beneficial owner in respect of each securities account.
"Section 25A(3) of the same act provides that any person who contravenes this act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit, or to imprisonment for a term not exceeding ten years, or to both," said the DAP MP, who is a lawyer by training.
He gave the example of a case in May 2011 when the Securities Commission Malaysia compounded a woman RM25,000 for allowing another person to use her central depository system account.
"If what Azam Baki did was not wrong at all under our existing law, can any person now start using their securities account to trade on behalf of their relatives, friends, and others, whether for a fee or on a voluntary basis?" he asked.
Police report to be lodged
In a related development, PKR wants the police to be roped in to investigate Azam Baki.
PKR Youth chief Akmal Nasir, who is also the Johor Bahru MP, will be lodging a police report against Azam tomorrow at the Dang Wangi district police headquarters in Kuala Lumpur.
He is expected to be joined by several other MPs.
Meanwhile, Amanah vice president Adly Zahari, who is also the Bukit Katil assemblyperson, said the episode has tarnished the MACC's reputation.
He added that this was aggravated by the MACC"s Anti-Corruption Advisory Board acting beyond its scope.
"The MACC cannot clean its image when it is embroiled in corruption claims," he said.
He stressed that in the interest of MACC's image, the matter should be investigated by Parliament.
"Through this method, Azam will be courted the chance to clear his name with integrity," Adly said. - Mkini
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