When DNAAs, NFAs render battle cries to curb graft meaningless

These acronyms appear to have compromised integrity in the process of bringing offenders to book.

It is generally the fervent hope that every new year will usher in a breath of fresh air. The rectification of past ills and accomplishment of unfulfilled promises are expectations which take centre stage as new resolutions are made.

In relation to corruption and abuse of power, however, unfortunately, any inkling to neutralise and overcome such sordid ongoings appear insurmountable as new revelations continue to shock.

Notwithstanding the exhortations of leaders on good governance and the building of integrity and trust – the cornerstones of combating corruption – overall, it appears the nation has taken a nonchalant devil-may-care attitude to eradicating corruption.

Verbal exhortations from politicians on combating corruption just do not make the cut.

Institutional reform, recalibration of integrity, and remediation of trust levels are what we hope for, but we appear to be rudderless in the ocean of political self-preservation, horse trading, compromises, and political intrigue.

Daresay, we are running on the same spot and going nowhere.

Accountability, and its lack thereof, is fuelling corruption be it in the form of power abuse or monetary gains. Laws to address political financing, the mother of all corruption, nurtured over the years by a predominant political party which is struggling to remain relevant, have yet to be enacted.

Consequently, there is feet dragging on substantive institutional reform.

The figure of RM277 billion quoted by the MACC chief commissioner as the sum lost to corruption over the past six years is staggering.

Irrespective of the veracity of this estimation, he further contends that “critical corruption” persists. Have we lost our way in the woods?

Corruption cases, including those involving politicians (and wives), are dragging on for years. At the end of the day, the acronyms DNAA, DAA, and NFA continue to perplex.

These acronyms appear to have compromised integrity in the process of bringing offenders to book. More dangerously, it has brought to the forefront the inadequacies of the current labyrinth of laws and legal infrastructure.

This is no fault of the judiciary. Its independence is not in question.

Repeats of occurrences involving both serving politicians and ex-politicians, where DNAA and NFA kick in, are worrisome. Inevitably, there are representations made by the defendant which pave the way for the appeal process to be discontinued.

The reasons for it are varied; witnesses can’t be traced, have passed on, or are now considered unreliable.

A reflection of events post 2018 elections bear testimony. Some vividly recall when a serving senior minister was granted a DAA by a High Court judge when the prosecution requested a DNAA.

A possible inference, though unsubstantiated, is that investigations were motivated by reasons other than what the evidence suggests. To be fair to the investigators, especially the MACC and the police, the final decision to charge a person in court is up to the attorney-general.

Concern has been raised as to the AG’s “arbitrary” powers but to no avail. The legal infrastructure allows free rein.

In this age of demands for transparency and multiple occurrences of malfeasances across the board, the legal infrastructure which allows the AG to be both prosecutor and adviser to the government are woefully out of place.

To add another nail to the coffin on combating corruption, one currently charged with corruption has been appointed to a senior post at a GLC even before the corruption case has been disposed of.

When politicians shift the focus from what ails the nation to addressing party grievances with coalition partners, and dwelling on religion and race-driven politics, we can be confident that corruption will continue unabated, possibly with added fervour.

A sad start for the new year! - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.