Be More Transparent and Accountable, MACC
October 18, 2011
http://www.malaysia-chronicle.com
Be More Transparent and Accountable, MACC
Written by Maclean Patrick, Malaysia Chronicle (10-17-11)
Malaysia has had several high profile corruption cases in recent months brought to the public’s eye. Ironically, in cases like the Scorpenes scandal and the Ananda Krishnan India investigations, these corruption cases are being investigated by foreign agencies. It is embarrassing to think that the Malaysian counterpart to these foreign corruption-busting agencies is slow and inattentive to act on its own homeground.
Although outfitted with a new mandate in 2008, the Malaysian Anti-Corruption Commission has little fruit to show although its annual allocation from the national budget has been steadily increased over the years. With an increasing budget, why is it that the MACC has such poor showing when it comes to solving corruption cases and bringing the perpetrators to justice?
Outrageous spending
The Teoh Beng Hock case highlights the misuse of public funds to help protect and justify the role of MACC in investigating corruption cases. Since 2008, MACC has had two deaths within its compound and involving individuals under its watch. Teoh Beng Hock was one such person who met his death after a bout of questionable interrogation in the MACC offices. The other was senior Customs director Ahmad Sarbaini.
The subsequent Royal Commission of Inquiry into Beng Hock’s death saw the MACC defending itself and washing its hands off the case, refusing to take an ounce of responsibility for its misconduct.
Compare this against Thai forensic expert Dr Pornthip Rojanasunand(below). She came to Malaysia 4 
times to testify in the coroner’s court and the RCI. She also participated in the 2nd autopsy on Teoh Beng Hock’s remains. For all her efforts, she did not charge a single cent for her professional services because she is driven by her conscience.
Both Karpal Singh and Gobind Singh have been fighting on behalf of the Teoh family in court since 2009, from the coroner’s court to the current ongoing appeal and judicial review – a period of three long, painstaking years. The father-and-son team is also fighting for justice for the Teoh family on a completely pro-bono basis.
Contrast this with the amount of money the MACC used on bringing in experts like the famous forensic expert from England, Peter Vanezis, and Muhamad Shafee Abdullah, a prominent UMNO lawyer, to represent the agency.
According to a written reply from the Minister in the Prime Minister’s Department Nazri Aziz to Teo Nie Ching, MP for Serdang, the total expenditure incurred by MACC for Peter Vanezis, including air fare, accommodation, food and beverage, transportation and professional fees, amounted to RM90,680; whereas the professional fees paid to Muhamad Shafee Abdullah(left) was RM150,000. Is this not outrageous?
Biggest joke is that it is the worst performer in the region
For 2012, MACC’s federal allocation has been increased to RM211 million, so spending the above amount of money on experts may not be a big deal. Yet, why did the MACC spend so much when the Dr Pornthip came four times for free and Karpal Singh could work pro-bono?
The best joke of all is that despite having such huge resources to fund its way, MACC’s success rate pales in comparison with its various counterparts in other ASEAN countries. MACC’s conviction rate is 73%, compared to Indonesia’s 100%, Singapore’s 85% and Hong Kong’s 95%. It is clear that with such high expenses, MACC returns a pretty poor yield on investment by the government and people of Malaysia.
Despite getting increased allocations to fund costly experts flying in to represent them and installing the latest equipment at their offices, MACC has little to show in terms of increased efficiency and results. It looks like MACC is all talk, a big spender but poor performer unable to justify the amounts allocated to it.
Pumping more money into a venture with little return makes poor business sense. And this can be said about the MACC. The Malaysian public should demand that the agency be made accountable to the nation for abusing public funds. It would be the biggest irony if the very agency set up to rid Malaysia of corruption is itself corrupted by the overly generous budget set aside for it.
I have repeatedly asked Dato’ Seri Abu Kassim to keep his word that he would go after the big fish and get a conviction. So far, that advice has gone unheeded.
Both the Teoh Beng Hock and Ahmad Sarbani cases are examples of how MACC conducts its affairs. A citizen has the right to ask the MACC Chief Commissioner what happened since the release of the Teoh Beng Hock Royal Commission of Inquiry Report. No news about the steps being taken to improve MACC’s performance. All we know is that more funds are being allocated to the MACC. One would have thought that the MACC would be a model of good governance. –Din Merican
dinobeano - October 18, 2011 at 8:57 am
If MACC becomes more transparent they’ll be invisible. As it is they are invincible.
_________
That’s tongue and cheek, webelos.–Din Merican
webelos - October 18, 2011 at 9:08 am
For every expert witness you bring to testify, your opposite with deep pockets can bring an expert witness to contradict the testimony of your expert witness. In a jury system jurors tend to rely less on the evidence given by expert witnesses simply because in most cases they cannot understand the scientific evidence presented. In the end it is the totality of the evidence that counts.
Mr Bean - October 18, 2011 at 9:21 am
Expert evidence comes with a price tag. Expert witnesses with a string of qualifications and an impressive resume are able to charge fees considered exorbitant and even obscene. But are we nearer to finding out the truth of what happened because of their expertise? Finally it is still opinion evidence. The rule about opinion evidence is that it is irrelevant.
We have to look at all opinion evidence of experts with cynicism and rely more on the totality of the evidence.
Mr Bean - October 18, 2011 at 9:32 am
Mongkut Bean,
How do we deal with fabricated evidence, and doctored affidavits and statutory declarations? In the end, it has to do with integrity of our justice system. Please tell me if I am wrong in making this point.–Din Merican
dinobeano - October 18, 2011 at 9:33 am
They are not evidence. Period.
Mr Bean - October 18, 2011 at 9:35 am
Affidavit evidence and statutory declarations are self-serving statements. Their makers will have to present themselves in court to be examined and crossed.
Mr Bean - October 18, 2011 at 9:36 am
Anymore questions bro??
Mr Bean - October 18, 2011 at 9:43 am
Mongkut Bean, you have given me half an answer. Why is integrity and independence of the judiciary important?–Din Merican
dinobeano - October 18, 2011 at 9:44 am
“Although outfitted with a new mandate in 2008, the Malaysian Anti-Corruption Commission has little fruit to show although its annual allocation from the national budget has been steadily increased over the years. With an increasing budget, why is it that the MACC has such poor showing when it comes to solving corruption cases and bringing the perpetrators to justice?”
The cost of the trial is borne by taxpayers. And so what cost is the writer talking about? The cost of providing accommodation, food and transportation to witnesses? The cause of death need not be determined by experts. You got the coroner to certify the cause of death. Again whose services are paid for by taxpayers.
It is the defendant who will have to worry about costs. Over here if you cannot afford a lawyer, one will be given to you at state’s expense (read: taxpayers).
Mr Bean - October 18, 2011 at 9:51 am
Integrity of the Malaysian justice system and independence of the judiciary? To begin with, there is little to speak of.
Mr Bean - October 18, 2011 at 9:53 am
Why is it important? Because it is the cornerstone of any justice system.
Mr Bean - October 18, 2011 at 9:56 am
Hang pa dok cakap pasal integriti apa kalau semen dalam jubur sudah basi pun boleh di cari tapi Gajah Putih tebang berjuta ekar hutan di Sarawak tak nampak. Itu dia MACC dan integriti sistem perundangan di bolehlan. Poorah..
tean - October 18, 2011 at 9:59 am
Sapa tuang semen di jukebox hang tean? Bagi tau sikit.
Mr Bean - October 18, 2011 at 10:02 am
Yes Din, tongue in cheek. You can pour millions more into MACC but the results will be the same. Only catch the small fry not the big sharks. MACC need to employ better and smarter investigators and prosecutors. Don’t employ the mediocre graduate who barely made it through their degree program probably with CGPA of 2.1. Employ the most outstanding and best suited “individual” and not just graduate from one race who can’t even string a sentence together let more argue a case in court. The Teoh Beng Hock case was a classic example. Prosecutors who don’t know Mahidol University or maybe he thought it was Wahid Dol University.
With the money employ more forensic scientists, forensic accountants, psychologists, psychiatrist, and pit bull attorneys. But as always the boss doesn’t like to employ anyone smarter than him as he’ll feel inferior and will look stupid. Anyway even without these smart employees he already looked stupid. (pun intended)
webelos - October 18, 2011 at 10:08 am
Ipoh semen dah lama tutup kot.
Mr Bean - October 18, 2011 at 10:09 am
It is a sad reflection of the quality of people we have in the AG chambers and the MACC. It does not surprise me to know that we lost Pulau Batu Putih at the ICJ and why our negotiations with Singapore in the KTMB matters were poorly conducted.
In the case of the MACC, many corruption cases were lost due to poor investigations and case preparation. In my view it is time we got rid of these rubbish in these two institutions and employ truly professional people.
Democrat - October 18, 2011 at 10:09 am
In the case of MACC its rate of success is measured in cases lost. So they are doing fine.
Mr Bean - October 18, 2011 at 10:19 am
Mr Bean - October 18, 2011 at 10:55 am
“RPK is a LIAR” Muhammed Shafiee
Mr Bean - October 18, 2011 at 11:00 am
What has RPK’s opinion gotta do with this case?? It is not evidence. He is not a witness in the case.
Mr Bean - October 18, 2011 at 11:02 am
“In my view it is time we got ride of these rubbish in these two institutions and employ truly professional people.”
Sorry buddy, none of the latter to be found. Competence and corruption bear an inverse ratio. The more competent, the lower the corruption level and vice versa. Since competence was never en-cultured, it’s not considered a virtue. Apathy: As long as the kera is able to pluck a coconut, who cares.. Occasionally of course, the coconut lands on the owners head.
TBH, Sarbani and Kugan’s cases are but the tips of the ice-berg. Extrajudicial killings and death in custody are swept under the tikar, while white-collar crimes are promoted as “Entrepreneurship”.
The UmNO-putrids and their dung-beetle larvae have taken their dogma of “mudah lupa” as enunciated by their demi-god with Eight arms to unseen heights (abyss, if you prefer) – by insisting that all such FUBARs will go away, given enough time.
As webelos and others pointed out, many of the otherwise unemployable grads enter the civil service using the back-door method with pakciks & makciks of dubious lineage helping out. Political intrigues & interference is rampant in recruitment & promotions. Kickbacks go both ways – and the civil service esp the law enforcement agencies and judiciary are esp adept at football (soccer, to you) – whose patron is none other than the Captain of this sinking sampan. Its not just ‘passing the ball’, it’s also about kicking in the heads of the opposing team.
C.L. Familiaris - October 18, 2011 at 12:02 pm
Add one more to your ‘imagery’ , webelos –
INCORRIGIBLE
Abnizar - October 18, 2011 at 12:27 pm
When MACC works under the the ruling bn gov, and those being prosecuted will surely from the opposing parties. But the big fishes are in the ruling bn, so how would one expect macc to catch big fish. We better dismantle this department and allow ngo’s to form the independent body to counter corrupt practices.
Concerned citizen - October 18, 2011 at 12:33 pm
Better still, let’s outsource it. The highest bidder gets to run the commission. We’re in the pits, man.
Tok Cik - October 18, 2011 at 12:56 pm
My dear Concerned citizen – NGOs, if i’m not mistaken stand for Non-Governmental Organizations. So how can you expect them to be in the Government whose main function is to keep the Rule of Law?
My only concern now is your lack of understanding of simple terms. O how far have we fallen! The only place for NGOs in this matter are as Barkers, not Biters. Comprendo?
C.L. Familiaris - October 18, 2011 at 1:05 pm
During the tenure of the last MACC Chief, his own son, who was a pilot with national carrier MAS was allegedly convicted in an Adelaide Court in Australia for possession of child pornographic materials. He continued to serve the airlines as pilot and that alone tells you about the integrity of MACC then… and of MAS too!
Greenbug - October 18, 2011 at 1:16 pm
…we lost Pulau Batu Putih at the ICJ and in our negotiations with Singapore…: Democrat
Entah yang keluar negeri pi main dan makan anginkah? Dalam rumah main, keluar rumah pun main. Main sahaja, bayar lagi bawa loyar (tak burok) pasal loyar sendiri nak main. Bukan main handsome wajah Rais Yatim sebagai Menteri Luar Negera bersemuka dengan Tommy Koh semasa di The Hague. Kawan saya ceritakan ada wakil kita bawa foto Pulau Batu Putih yang ditangkap dengan lensa zoom agar pulau itu nampak dekat dengan Johor, tapi pihak lawan keluarkan foto yang ‘normal’. Tak heranlah ICJ kesan helah kita dan sekarang Pulau Batu Putih bukan kita punya. Tak tau ini cerita benar atau tidak. Kawan saya ada sebut nama buku tentang kes ini, Pedra Branca – The Road to the World Court. Berapa juta sudah dibelanjakan bagi kes ini? No problem, Petronas selalu ada, walau pun seorang Pengerusi sudah ucap bye-bye.
Tok Ngah - October 18, 2011 at 1:27 pm
“..the Malaysian Anti-Corruption Commission has little fruit to show ..
Little? Come on. Two guys flew out of MACC’s windows. Tell me, where else in this world have you heard of this fruit.
Sam01 - October 18, 2011 at 4:07 pm
Dear Din
MACC is answerable to the Parliament.
Question: What if the parliamentarians themselves misbehave? Then, the MACC will not be able to do anything. Where are the sharks? No, they are not the small mandarins of PutraJaya or Pejabat Daerah. They are mostly chencaru (couldn’t find the equivalent English fish). So let us as responsible citizens take our place at the Mamak store and pour out our grievances. This ship is sinking, the hole is just too big for patching, bring on the teh tarik and show me EPL. I want to be numbed!
___________
The MACC answers to the Prime Minister and sends its investigation reports to the A-G’s Chambers which will decide whether or not to charge. In reality, MACC reports to A-G Gani Patail.–Din Merican
zaidi - October 18, 2011 at 4:13 pm
Mongkut Bean,
As you have said before, MACC is not interested in winning cases. It merely wants to hurt the pockets of those they prosecute and ruin their reputation, their lives and those of their families. The idea is that they want to scare others. Obviously, their strategy has not worked. Corruption is still rampant and the big corrupt boys are getting away with it.–Din Merican
dinobeano - October 18, 2011 at 4:19 pm
I love Malaysia. I was born here, grew up here and studied in UM for both my bachelor’s degree and my MBA. I intend to stay in this country and be buried here but of late I have been thinking of getting a pad in Gold Coast or Melbourne and just go live my twilight years there.
Seeing what the UMNO bloggers did to Lim Guan Eng’s son this week and with Khairy Jamaluddin, the opportunist gutter politician whose only claim to fame is his marriage to the daughter of an ex-PM, I think this country is on the way south and moving very fast!
It is really a sad day for me. I had my own daughter who went thru tauma last July 1 when she was “trapped” in her own little yellow Kenari during an UMNO Youth demonstration in Georgetown led by Ezam Enam Kotak.
Khairy, if you are reading this, FCUK YOU!
Greenbug - October 18, 2011 at 7:22 pm
It (MACC) merely wants to hurt the pockets of those they prosecute and ruin their reputation, their lives and those of their families. The idea is that they want to scare others. Obviously, their strategy has not worked. Corruption is still rampant and the big corrupt boys are getting away with it.–Din Merican
Prevention of corruption is not their real or primary objective. They are there to be made a tool of by corrupt vested interests whose hold over political power is being challenged. Those who put obstacles in their paths are themselves systematically taken down when they find themselves prosecuted for alleged wrongdoings. Cases are lost but lives are ruined.
Corruption among cronies continues unabated. Their measure of success is the number of high profile cases they lost and careers they ruined.
Mr Bean - October 18, 2011 at 7:51 pm
MACC is answerable to the Parliament. — zaidi
If MACC is answerable to Parliament then the head of MACC can be made to appear in front of a Parliamentary sub-committee inquiring into matters concerning criminal prosecution within his purview and made to answer questions under oath and under the threat of perjury.
Mr Bean - October 18, 2011 at 8:01 pm
“I love Malaysia. I was born here, grew up here and studied in UM for both my bachelor’s degree and my MBA. I intend to stay in this country and be buried here but of late I have been thinking of getting a pad in Gold Coast or Melbourne and just go live my twilight years there.”
.
You’re not the first nor the last
Mr Bean - October 18, 2011 at 9:28 pm
MACC is so transparent until no one can see how Teoh Beng Hock was murdered.
tourman53 - October 18, 2011 at 10:02 pm
Well ladies and gentlemen, all of your comments are lopsided.
Suggestion on how to improve MACC would be much of help for Abu Kassim..! Don’t just ‘hentam’ for the sake of banging your anger at the establishment!
Leaving the country is fine for the rich, but consider the kampung folks…where can they go? This is the ONLY place they know, their kampungs..their neighbours..their land or “dusun”. , these are all they have, they are not individualistic lot like some of us.!
orangkampung - October 19, 2011 at 10:52 am