Malaysian Anti-Corruption Commission

The Malaysian Anti-Corruption Commission (MACC) (Malay: Suruhanjaya Pencegahan Rasuah Malaysia, (SPRM)) (formerly Anti-Corruption Agency (ACA) or Badan Pencegah Rasuah (BPR)) is a government agency in Malaysia that investigates and prosecutes corruption in the public and private sectors. The MACC is currently headed by Director-General Haji Ahmad Said bin Hamdan. He was appointed in May 2007 to replace former Director-General Zulkipli Mat Nor.

Haji Ahmad Said bin Hamdan

The Director-General Haji Ahmad Said bin Hamdan was the man that would finally put an end to the corruption that has been dogging the Malaysian mainstream political parties. However, since his appointment, he has been criticized for being highly-skewed and biased towards the governing party i.e. UMNO and reacting negatively towards the opposition party, Parti Rakyat Malaysia. Many controversial and corruption cases involving UMNO politicians had been swept under the carpet while trivial cases involving Pakatan Rakyat Malaysian given endless hours of investigations.

He was criticized for having made insensitive remarks in the mainstream media when his pilot son attached with Malaysian Airlines Ahmad Shauqi, was arrested in Adelaide International Airport for smuggling child pornography, including rape video. He reportedly played down the matter saying that such videos could be easily found in men's handphones. Instead of looking at the matter on a serious note, the general public was shocked by his view on the matter and the case was widely discussed in blogs around the world. Many have questioned the stupidity of the government to put a man who can't even educate his son, to be in charge of the most important commission in Malaysia. Haji Ahmad Said bin Hamdan has however remained defiant despite the widespread criticisms. ^[1]

References : http://www.chanlilian.net/2009/03/01/macc-datuk-ahmad-said-please-note-that-we-dont-store-porn-like-your-son/

MACC Proposal and Implementation

The Prime Minister Datuk Seri Abdullah Ahmad Badawi has announced far-reaching reforms to the Anti-Corruption Agency (ACA) to give it independence and more bite. The reforms include turning the Anti-Corruption Agency into a “full-fledged” Malaysian Commission on Anti-Corruption (MCAC), setting up an independent advisory board and a parliamentary committee, as well as tripling the size of the force and providing comprehensive protection for whistleblowers.^[2]

Datuk Seri Abdullah Ahmad Badawi said the reforms were a priority and he wanted them in place before the year's end. There has been some restlessness among some Barisan Nasional MPs over the setting up of a commission which will have more autonomy and bite to tackle corruption in the country. They worry that there could be an explosion of reports and false allegations against politicians by members of the Opposition.^[2] The Barisan Nasional supreme council appears to have accepted Datuk Seri Abdullah Badawi’s reforms in the form of his proposed legislation to set up the Malaysian Anti-Corruption Commission (MCAC) and Judicial Appointments Commission (JAC).^[3]

“It is my fervent hope that by restructuring the ACA, its effectiveness, transparency and accountability will be considerably raised while public trust in its integrity and independence be quickly renewed,” he said yesterday in his keynote address at the Asean Integrity Dialogue 2008 at the Malaysian Institute of Integrity.

Elaborating on the four key reforms, Abdullah said the restructured MCAC would table its annual report to a soon-to-be set up parliamentary committee on the prevention of corruption which would have the power to seek clarification and explanation on the report. Another core element, he said, was the setting up of an independent corruption prevention advisory board comprising “prominent and upstanding” members of the community appointed by the King, on the Prime Minister's advice, to advise the MCAC on administrative and operational matters and on cases of public interest.

“The board can enquire or recommend that certain measures be undertaken. More importantly, the board will act to assure the public that public interest cases are dealt with appropriately and adequately,” he said. The government also stated that Malaysian Anti-Corruption Commission (MACC) is empowered to investigate graft in the private sector.^[4]

However, the ultimate decision to prosecute would lie with the Attorney-General although the board could ask him to take another look at cases he had decided not to pursue. On whistleblowers, Abdullah said the public perception was that enforcement agencies often went after the whistleblower instead of investigating the charges.

He announced that there would be a law in place to give whistleblowers and witnesses “comprehensive protection”. “It is our hope that with better protection, more people will come forward to report corruption, thereby allowing justice to run its course,” he said, adding, however, this was not “unfettered freedom” for people to say or write anything about anybody without proof.

“I expect them to be responsible for the allegations they make,” he said. Abdullah also announced that the anti-corruption force would triple in size over the next five years, with a further 5,000 officers added to its existing 2,000 members.

The MCAC would also have new terms of service and remuneration to attract talented and dedicated individuals, and the power to hire and fire, he added. The head of the MCAC would be appointed by the King on the Prime Minister's advice. Malaysian Anti-Corruption Commission officers will be paid higher salaries as they go all out to weed out corruption according to the government.^[5]

Abdullah said he expected the MCAC to be “fully independent”. “I am not here to interfere. They can independently decide how to run the organisation and how they want to operate,” he said, adding that even in the current set-up, he had never interfered with the work of the ACA. Asked whether the MCAC would report to the Prime Minister or to Parliament, Abdullah said: “The report would ultimately go to Parliament.” When contacted, Attorney General Tan Sri Abdul Gani Patail said he would have no problem working with the advisory panel to be set up by the MCAC.

MACC Approved by the Dewan Rakyat

The Malaysian Anti-Corruption Commission(MACC) and the Judicial Appointments Commission(JAC) Bills were passed without a single amendment in the Dewan Rakyat, despite the constant flow of criticisms and attempts from Pakatan Rakyat MPs or Opposition MPs to insert new amendments and changes to the Bills. Opposition MPs were concerned over the independence of the MACC since it will not have any power to prosecute.^[6]

Reports lodged against UMNO

In one of the first complains, members of Parti Keadilan Rakyat, led by its supreme council member Badrul Hisham Shaharin, lodged a report with the Malaysian Anti-Corruption Commission on 2 January, 2008 on a list of cases of alleged abuse of power involving Barisan Nasional politicians, particularly from Umno, on various allegations of corruption dating back years.^[7] The report called for the Commission reopen and investigate cases involving former International Trade and Industry Minister Tan Sri Rafidah Aziz and former Malacca chief minister Tan Sri Abdul Rahim Thamby Chik. Hisham said some of the cases involved Umno politicians, who had allegedly bribed members for votes and also a few 'irregularities' involving senior politicians.^[8]

A report was lodged against former Kedah menteri besar had been caught on closed circuit television camera offering money to a Pakatan Rakyat assemblyman to cross over to Barisan Nasional. Opposition leader Anwar Ibrahim claimed that this was covered in an operation conducted by the then MACC.^[9]

Racism at the MACC

Teresa Kok has alleged that the MACC is racist in its pattern of prosecution. In a Malay Majority nation it has chosen to investigate Assemblymen who all happen to be Chinese namely Ean Yong Hian Wah (Sri Kembangan), Dr Cheah Wing Yin (Damansara Utama), Elizabeth Wong (Bukit Lanjan), Hannah Yeoh (Subang Jaya), Lau Weng San (Kampung Tunku), Edward Lee (Bukit Gasing) and herself. DAP member Dariff Din confirmed that claim saying he was a victim of racial remarks by the body’s interrogators looking into alleged misappropriation of state allocations by DAP state lawmakers. He said they were mainly interested in his ethnicity rather than the case itself, adding the officer was curious because he looked Chinese but had a Malay name. He told them his father was Malay and mother was Chinese.^[10]

Criticisms of the MACC

A survey in Malaysia showed that fewer than half of Malaysians are confident that the newly-minted MACC will be effective in tackling graft in the country. It was stated that Malaysians have lost count of the number of reports lodged against Umno/Barisan Nasional politicians which have not seen the light of day. There are cases reported against Datuk Seri Abdullah Ahmad Badawi, Datuk Seri Najib Tun Razak, Datuk Rafidah Aziz, Datuk Dr Khir Toyo and others in the Malaysian government. Some cases are still being investigated years after reports were lodged.^[11] Senior UMNO leader Tengku Razaleigh Hamzah also hit out at the MACC for investigating minor cases while ignoring major examples of graft.^[12]

Datuk Mahfuz Omar, the vice-president of the opposition PAS accused the MACC of lacking integrity in launching a politically-motivated investigation against Pakatan Rakyat. He mentioned it has ignored reports on the construction of Datuk Seri Dr Khir Toyo’s house in Shah Alam.^[13]

Torture Allegations

A Kajang municipal councillor, Tan Boon Wah was interrogated by the Malaysian Anti-Corruption Commission and made several allegations against the MACC about his interrogation. Tan had supplied flags worth RM2,400 for Ean Yong's constituency of Seri Kembangan in 2008. “They asked whether I supplied flags. I said yes but then I was forced to admit that I did not supply the flags,” said Tan.^[14] Tan said he was made to stand at attention for over four hours during the questioning, and was shouted at if he flinched from position. Tan also said he was interrogated by one MACC officer while other personnel apparently played ping-pong in an adjacent room and laughed at Tan's testimony. According to Tan, the officer said, "Don't you love your wife? If you tell lies, it means you don't love your family," and later threatening to haul in his family. He said the MACC officer insulted his Chinese race and threaten to beat him.^[15][16]

Death-in-custody at MACC Headquarters

The political secretary of Seri Kembangan assemblyman Ean Yong Hian Wah has been found dead at the premises of the Malaysian Anti-Corruption Commission headquarters on June 16, 2009. Teoh Beng Hock, 30, had been taken there for questioning by the MACC at its 14th floor office in Plaza Masalam, Selangor.^[17] The death of Teoh has put more pressure on the MACC, which has been accused by the opposition of conducting selective investigations for their political masters, the Barisan Nasional.^[18] The agency said he was freed a little after 3.45am but his body was later found sprawled on the roof of a five-storey building next door at 1.30pm.^[19] Seri Kembangan assemblyman Ean Yong Hian Wah expressed sadness and anger over the tragic death of Teoh and wants MACC to take full responsibility over the tragedy.^[20]

Umno Youth chief Khairy Jamaluddin wants the government to set up a royal commission to probe the death of Teoh Beng Hock, saying it's the best way to clear the name of the Malaysian Anti-Corruption Commission.^[21] Opposition leader Anwar Ibrahim also made the call for a Royal Commission into the death in custody.^[22] The chairman of the Prevention of Corruption and Consultation Panel, one of five advisory panels of the Malaysian Anti-Corruption Commission, Tan Sri Ramon Navaratnam has called for an urgent review of its interrogation procedures in the wake of the Teoh's death.^[23] Pakatan Rakyat has rallied thousands of supporters demanding that the government establish a royal inquiry into the death of Teoh Beng Hock.^[24]

A police forensics team is part of the task force set up to probe the suspicious death of 30-year-old Teoh, whose death has sparked widespread condemnation of the law enforcement authorities. The team was seen looking out of the office window on the 14th floor before removing and taking a window ledge. They also went into the building’s security control room on the fourth floor and are believe to have some recording equipment. Police have not ruled out foul play but the case is still classified as “sudden death”.^[25] On July 22, 2008 the Malaysian cabinet agreed to set up a Royal Commission of Inquiry to investigate the circumstances surrounding the suspicious death of Teoh Beng Hock. It also ordered the lead investigator of the graft probe against Selangor Pakatan Rakyat executive councilors reassigned, which is in effect a suspension of duties.^[26] The Royal Commission will look into the interrogation methods used on him by the Malaysian Anti-Corruption Commission and will also identify if there were any violations of human rights during Teoh’s interrogation.^[27]

Renowned Thai forensic patho­logist Dr Pornthip Rojanasunand told the inquest into the death of political aide Teoh Beng Hock that it was an 80% probability his death was a homicide.

She said it was only a 20% probability that Teoh had committed suicide.

Dr Pornthip also testified that the marks on Teoh’s neck looked like he had been manually strangled.

Expert witness: Dr Pornthip arriving at the Shah Alam court yesterday.

The Selangor government had invited Dr Pornthip, the director-general of Thailand’s Ministry of Justices Central Institute of Forensic Science, to give her expert opinion.

She is well-known for her prowess in cracking open complicated homicide cases.

She is the author of Investigation of Corpses, which sold 100,000 copies in Thailand, and also led a group of international forensic scientists in 2004 to identify the remains of the Asian tsunami victims.

Her life and work was narrated in the National Geographic documentary Crime Scene Bangkok in 2004.

Questioned by Malik Imtiaz Sarwar, counsel holding a watching brief for the Selangor government, Dr Pornthip said that several of Teoh’s injuries appeared to be inconsistent with a fall from height and appeared to be pre-fall injuries.

(Dr Pornthip had been provided postmortem reports prepared by Dr Khairul Aznam Ibrahim from the Klang Tengku Rahimah Ampuan and Universiti Malaya Medical Centre’s Dr Prashant Samberkar as well as pictures of Teoh’s injuries.)

Referring to an anal tear Teoh suffered as a “penetrative injury”, Dr Pornthip said she had never seen this type of injury in cases of a fall.

If the injury had indeed been caused by a bone protrusion, she said it would have come from the inside of Teoh’s anus.

She said the abrasions on Teoh’s right upper thigh looked like he had been beaten with a piece of wood.

She added that there was a need to cut open the skin to check for internal bleeding to determine whether Teoh had been tortured.

(Both the pathologists who had conducted the postmortem on Teoh had not done so.)

Dr Pornthip also said Teoh’s skull fracture was not typical of a transferred injury due to a fall but was more compatible with a blunt force being directly inflicted to the head.

She said the transferred injury to the skull due to the impact of the fall would typically cause a ring fracture at the base of the skull around the spinal column and not a cervical spine fracture as suffered by Teoh.

Dr Porn­thip said Teoh, 30, was probably alive when he hit the ground but might have been unconscious before the fall.

She said this was because there was no reaction wounds on his ankles and wrists to show he had instinctively tried to stop himself from hitting the ground.

She said it was possible he was unconscious from manual strangulation or pain from the anal region.

She estimated his time of death to have occurred between 6am and 8am on July 16.

Teoh, the political secretary to Selangor executive councillor Ean Yong Hian Wah, had been summoned to the Malaysian Anti-Corruption Commission (MACC) office at the 14th floor of Plaza Masalam to be questioned over the irregular disbursement of state funds on July 15.

He was found dead on the fifth floor service corridor of the building the following day.

Meanwhile, the Selangor government called on the authorities to study the expert opinion of Dr Pornthip on Teoh’s death.

“Her evidence has indeed proven that the state’s fear on the safety of government officials during interrogation by the MACC is not totally unfounded,” Mentri Besar Tan Sri Khalid Ibrahim said in a statement yesterday.

Given her experience, he said Dr Pornthip’s evidence could not be taken lightly.

He reiterated his government’s call for a Royal Commission of Inquiry into Teoh’s death instead of just looking into the interrogation methods used on him by the MACC.

References

External links

• MACC official website
• Thestar.com.my