MACC abused power in summoning ex-minister, family, says Waytha

 The Malaysian Advancement Party president says Section 36 of the MACC Act does not empower the commissioner to require attendance for serving a notice.

Malaysian Advancement Party president P Waytha Moorthy said a statutory power to demand information is not a licence to subject citizens — much less a 12-year-old child — to unnecessary exercises of enforcement authority.

PETALING JAYA:

Former minister P Waytha Moorthy has accused the Malaysian Anti-Corruption Commission of abusing its power after it summoned MIC deputy president M Saravanan and his family members to its headquarters to serve an asset declaration notice.

Waytha, the Malaysian Advancement Party president, said Section 36 of the MACC Act does not empower the commissioner to require attendance for serving a notice.

He said Section 36 only stipulates that the person in question furnish the required information in the notice.

“A statutory power to demand information is not a licence to subject citizens — much less a 12-year-old child — to unnecessary exercises of enforcement authority,” he said in a statement.

“If Saravanan’s account is correct and his son was required to attend MACC headquarters solely to receive a Section 36 notice, then MACC has exceeded and abused its statutory power.”

Earlier today, Saravanan, the former human resources minister, went to the MACC headquarters in Putrajaya with his wife and two of his children to receive notices requiring them to declare their assets.

He questioned MACC’s decision to summon his 12-year-old son to its headquarters, arguing that the notice could have been served through him as the child’s parent.

“Why does a 12-year-old child even have to show up? Why put a child through this stress and worry?” he told FMT.

Under Section 36(1)(b) of the MACC Act 2009, an officer of the commission with the rank of commissioner or above may, where there are reasonable grounds to believe that property is held or acquired in connection with an offence under the Act, require a relative or associate of the person under investigation to provide a statement in writing on oath or affirmation.

Section 36 also provides for notices requiring individuals to declare their assets. Failure to comply with a written notice under the provision constitutes an offence.

MACC chief Abd Halim Aman said on Friday the commission would issue notices to Saravanan, his wife and three children requiring them to declare their assets.

He said the family would have 30 days to make the declarations, with an extension available if required. - FMT