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Monday, February 14, 2022

An open letter to MACC chief Azam Baki

 


By now you would have realised that having friends in high places or having people who will make statements on your cause, have not helped in any way at all.

The dropping of names including that of the Yang di-Pertuan Agong has not helped and the “Sharegate” as someone called it is not likely to go away any time soon.

The so-called exoneration of your share purchase by MACC Anti-Corruption Advisory Board (ACAB) chairperson Abu Zahar Ujang on Jan 5 spectacularly backfired when his own committee (subsequently) dissociated themselves because none of them was consulted.

Now, to say that the controversy regarding your share purchase account was heavily politicised and that you were made the target as part of an attack against the institution, simply put is utter bunkum.

In the interview with The Star, you said: “I believe there is an agenda, a well-designed and well-planned attack, to undermine the MACC and it was done by making me the target. They want to paint a picture that says if the chief commissioner is corrupt, this country’s administration has no control, is weak and there is no one that the people can depend on.”

No Azam (above), there is no agenda – Malaysians want the truth, that’s all. You are the target because you were not generous with the truth from Day One.

On the contrary, Malaysians appreciate the yeomen service by the MACC and bringing so many corrupt people to court. But in doing so, the people must have confidence that all investigations will be undertaken without fear or favour.

We must give credit where it is due but the problem is you – the head of the MACC.

To say that your reputation has been sullied because of the share trading and the events that followed would be an understatement.

Anti-Corruption Advisory Board chairperson Abu Zahar Ujang

When the issues of the shares were raised, you told the whole country that “I had allowed my brother to use my (trading account).”

Do you recall talking to Abu Zahar on Jan 5 before his media conference? Now, in case you have forgotten, let me refresh your memory.

This is what Malaysiakini reported: “MACC chief Azam Baki told the Anti-Corruption Advisory Board that his trading account was used by his brother to acquire shares in two companies in 2015.

“At a press conference today, board chairperson Abu Zahar Ujang said Azam had appeared before the board on Nov 24 to explain himself. The shares had since been transferred to his brother, Nasir.

“Abu Zahar said they were satisfied with Azam’s explanation that he had neither pecuniary interest nor conflict of interest in the acquisition of those shares.”

‘Cleared’ by Securities Commission

When there were calls for you to either resign or go on garden leave, you thumped your chest and initially declared that you were answerable only to the MACC Corruption Prevention Advisory Board and had given an explanation about the issue to them.

Later, his Majesty’s name was used in vain.

You reinforced Abu Zahar’s statement by saying: “Like what I have explained to the advisory board, the shares were bought by my brother who borrowed my name.”

Now, you claim you were “cleared” by the Securities Commission. On the contrary, its statement says otherwise.

In a statement on Jan 19, it said that you had “operated the account that you had opened, in that you had given instructions to buy, sell and transfer securities from the said account”.

The SC actually called your bluff. In short, it said that you were in control of the account.

Furthermore, it said that you had not allowed anyone else to use your account and thus had not contravened Section 25(4) of the Securities Industry (Central Depositories) Act 1991 (SICDA). 

Could all these be avoided if you have been upfront and told the truth? What if you had said: “Yes. I bought these shares several years ago when I had some money to spare from my savings.”

If you had done so, there will be no unacceptable defences like you claiming that there is an agenda to undermine the MACC by making you the target.

If only you had addressed the issue when it was first reported by Edisi Siasat in October last year, you could have cleared the matter immediately.

You chose to ignore an issue that needed an urgent explanation; your silence prompted many to make statements vilifying you, and in the process brought the MACC into public odium and contempt.

Even after Subang MP Sivarasa Rasiah raised the issue in Parliament, you refused to defend yourself. It was not until Edmund Terence Gomez resigned from the MACC’s Consultation and Corruption Prevention Panel that you decided to speak.

Then when summoned to a parliamentary select committee (PSC), you declined to attend citing the law and parliamentary procedures and that you only received an “invite”.

It has since been pointed out that you had attended a similar PSC meeting in 2000 with just an “invite” and not a subpoena. If it was acceptable 12 years ago, it should have been acceptable last month.

It is hoped that when you appear before the PSC panel, you will put all your cards on the table and get your points across so that the PSC can get to the bottom of this quagmire which was created by your own doing. - Mkini


R NADESWARAN is a veteran journalist and writes on bread-and-butter issues. Comments: citizen.nades22@gmail.com

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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