MACC advisory board has no power to probe or clear Azam, say MPs

 

Anti-Corruption Advisory Board chairman Abu Zahar Ujang speaking during a special press conference at the Malaysian Anti-Corruption Commission headquarters in Putrajaya yesterday.

PETALING JAYA: The Malaysian Anti-Corruption Commission’s (MACC) Anti-Corruption Advisory Board (ACAB) has no power to investigate or clear the agency’s chief commissioner Azam Baki of any wrongdoing, say opposition MPs.

Azam, who is alleged to own shares in public-listed companies, was yesterday cleared of any wrongdoing after the board’s chairman, Abu Zahar Ujang, said Azam had explained that his trading account was used by his brother, Nasir Baki, to purchase shares.

At a joint press conference with six other opposition MPs, Ledang MP Syed Ibrahim Syed Noh said that the ACAB’s terms of reference do not give it the mandate to investigate or clear anyone in the MACC of wrongdoing.

“How does an advisory board have the power to investigate someone and then clear them of allegations of wrongdoing?

“They can only advise. So for them to say that he (Azam) did no wrong is just not right,” he added.

Also present were Bayan Baru MP Sim Tze Tzin, Pasir Gudang MP Hassan Karim, Lembah Pantai MP Fahmi Fadzil, Petaling Jaya MP Maria Chin Abdullah, Simpang Renggam MP Maszlee Malik and Sungai Buloh MP Sivarasa Rasiah.

Earlier today, DAP veteran Lim Kit Siang said the ACAB’s decision to clear Azam of any wrongdoing was ultra vires the board’s powers and the MACC Act 2009.

“Section 13 of the MACC Act 2009 stipulates six functions of the MACC Anti-Corruption Advisory Board, and none of them gives it the power to clear the MACC chief commissioner of conflict-of-interest allegations,” he said in a statement.

Apart from advising the MACC on any aspect of corruption in Malaysia – such as policies and strategies – the board can also receive, scrutinise and endorse proposals from the commission towards the efficient and effective running of the commission.

It can also scrutinise and endorse the resource needs of the commission to ensure its effectiveness, scrutinise the MACC’s annual report before its submission to the Special Committee on Corruption, and to submit its comments to this committee as to the exercise by the commission of its functions under this Act.

Lim also said he was sad to see the MACC going through its worst crisis of confidence today.

Lim’s comment was echoed by Sim during the press conference, stating that the “Azamgate” scandal is a “big test” for the country. The DAP man also said the scandal was a serious test for Prime Minister Ismail Sabri Yaakob and the government in their battle against corruption.

Hassan then questioned Ismail’s silence on the issue, stating that the prime minister has to “face this controversy” and ensure a proper police investigation takes place – with the Attorney-General’s Chambers (AGC) deciding whether a case should be brought against Azam or not.

Noting that Azam was appointed by the Yang di-Pertuan Agong on the advice of the prime minister, Hassan said that Azam was answerable to Ismail — not the ACAB or Abu Zahar.

Azam, who broke his silence on the allegations yesterday, said that he appeared before the advisory board and provided them with all the details when asked to explain the matter.

Stating that he did not respond to the allegations earlier as he did not do anything wrong, Azam said he was “only answerable” to the board. - FMT