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Thursday, March 30, 2023

MACC denies claims of selective prosecution in Pandora Papers probe

MACC has denied allegations of selective prosecution in its investigation into the Pandora Papers.

Its chief commissioner Azam Baki said this in response to political economist Edmund Terence Gomez’s claims that MACC has not called up leaders from the government bloc despite being named in the leaked documents.

“For the Pandora Papers, MACC focuses on politically exposed persons who had the power and position during that time of alleged wrongdoing, and are suspected to have abused their power.

“The MACC is free to investigate as long as there is reason to believe that they have the position and power and are suspected of misappropriation and abuse of power. It does not matter who.

“The MACC does not practice selective prosecution as we are free to investigate without any interference or influence from others,” he told Malaysiakini.

Azam (above) added that the commission is unable to open investigations when it likes, as it must be based on facts and evidence in accordance with standard operating procedures and the laws provided.

Political economist Edmund Terence Gomez

On March 25, Gomez questioned why the MACC is not investigating Deputy Prime Minister Ahmad Zahid Hamidi, International Trade and Industry Minister Tengku Zafrul Abdul Aziz and Selayang MP William Leong in connection with the Pandora Papers.

The Centre to Combat Corruption and Cronyism (C4) chairperson claimed that only former finance minister Daim Zainuddin had been summoned.

The last update on MACC’s investigation into the Pandora Papers was in February when it was reported that a former minister’s statement was recorded regarding his offshore wealth. The individual was not named, as with common practice when it comes to people who have yet to be charged in court.

However, the former minister was described as a senior official in Dr Mahathir Mohamad’s administration and was reportedly asked, among others, to explain the money flow and investment into 12 offshore companies registered under him and his family members.

News portals, citing a source, reported that a former prime minister’s son was also summoned for questioning, with more expected to be called in.

Other agencies investigating

Malaysiakini’s queries on the status of MACC’s investigation into the Pandora Papers and the number of people being investigated were unanswered.

However, Azam said that other agencies were also probing the matter.

“Supposed a businessperson’s name is in the Pandora Papers, he may not have the power and position to abuse his power... so it may not be something under MACC's purview. Other agencies like the (Inland Revenue Board) can investigate it for tax evasion.

“In this matter (Pandora Papers), MACC is not the only agency that is investigating, the police, IRB and NFCC (National Financial Crime Centre) are also investigating,” he added.

The Pandora Papers are leaked financial documents and other records from 14 offshore service providers that set up and manage shell companies and trusts in tax havens around the globe.

The documents were disclosed to the International Consortium of Investigative Journalists (ICIJ), which in turn provided access to its partners, including Malaysiakini.

Zahid, Zafrul, and Daim were among those named in the leak. They each said in 2021 that their accounts were used for legitimate purposes.

Having offshore entities is not illegal, but in some instances, the practice has been linked to tax evasion or tax avoidance. In other cases, it is an attempt to maintain secrecy for various reasons. - Mkini

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