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Tuesday, March 28, 2023

PM: AGC to study formation of independent body to probe authorities

PARLIAMENT | Prime Minister Anwar Ibrahim has ordered the Attorney-General's Chambers to study the formation of an independent body empowered to investigate complaints and take action against law enforcement agencies.

Anwar, who responded to Gobind Singh Deo (Pakatan Harapan-Damansara), said Harapan's stand on the need for an independent investigation body has remained since it first made the call as the federal opposition.

"I still remember, and that stand remains because it relates to not only the MACC but also police, immigration, customs and other enforcement agencies.

"When there's a claim against the MACC, the body set up (to investigate) is an internal body and this has been disputed," said the Tambun MP during Prime Minister's Question Time in Dewan Rakyat today.

"That is why the Independent Police Complaints and Misconduct Commission (IPCMC) was proposed for the police. But that was also questioned as to why it was targeted towards the police.

"So now I have asked the Attorney-General's Chambers to review the initial proposal so there can be a mechanism for all enforcement agencies."

IPCC vs IPCMC

Anwar believes that it’s a good idea as it would also address concerns by the police over IPCMC.

The Dewan Rakyat had on July 26 last year passed the Independent Police Conduct Commission (IPCC) Bill 2020, which critics, including from Harapan as then opposition and the Malaysian Bar, describing it as a significantly watered-down version of the previous IPCMC Bill.

One key difference is that the IPCC will not be able to act against errant police officers. Instead, the issue must be referred to the Police Force Commission or other relevant authorities for further action.

"When the issue of IPCMC came up, what the police had disputed was why they were targeted when the issue should involve all enforcement agencies.

"In my view, it’s better to have an independent body that can investigate complaints or claims made against all enforcement agencies," said Anwar.

Gobind, in a supplementary question, cited media reports yesterday that quoted MACC's deputy commissioner (operations) Ahmad Khusairi Yahaya's admission of chronic corruption within enforcement agencies, particularly those dealing with migrants.

He said while a majority of the cases involved immigration personnel, corruption had also taken root in other agencies, including the MACC.

Further, he reminded Anwar of Harapan's stance as the opposition then that there needed to be an independent investigation mechanism, including for complaints against high-ranking MACC officers.

At present, the Enforcement Agencies Integrity Commission (EAIC) is tasked to accept and refer complaints related to 21 enforcement agencies for further actions by the respective disciplinary bodies or the Attorney-General's Chambers where there are criminal elements.

The EAIC, however, is not empowered to take any punitive actions against any complaints of misconduct or corruption. - Mkini

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