October 3, 2012
MACC: Please don’t give us this crap about Archaic Laws
COMMENT: I cannot believe that MACC can come up this absurd story that it cannot investigate corrupt leaders from UMNO-Barisan Nasional and other high profile individuals in the public and private sectors because of archaic laws.
Since when our laws have become archaic? For goodness sake, our laws are by no means as old as those in the Middle Ages.
Malaysia is only in its 55th Year of Independence. The MACC Act which created the Malaysian Anti-Corruption Commission became law on January 8, 2009, not in the 14th century. That is only 3 years ago.
Let us admit that as an organisation, MACC is dysfunctional and inept without the administrative will to go after corrupt leaders and their cronies associated with the UMNO-BN government. Ling Leong Sik and Khir Toyo were brought to book only after they have lost power. Even then, they are likely to get away with light sentences.
Teoh Beng Hock and Ahmad Sarbani died in vain and no one in MACC who are responsible for their deaths have been brought to justice.Even the recommendations of the Teoh Beng Hock Royal Commission concerning the MACC have yet to be fully implemented.
Abu Kassim, you have no guts to investigate the Chief Minister of Sarawak and other leaders who are known to be blatantly corrupt. If you have any pride left, you should resign and go fishing. Stop talking big if you are just an “orang suruhan” of politicians in power.–Din Merican
‘Archaic law’ stops MACC action against ‘rich leader’
by Aidila Razak@www.malaysiakini.com
Provisions in the law are stopping the Malaysian Anti-Corruption Commission (MACC) from proceeding with its investigations into alleged corruption involving a “wealthy leader of a state”, PAS Kubang Kerian MP Salahuddin Ayub/
The member of the parliamentary special committee (PSC) on corruption said the MACC stated this at a briefing it held for the committee last week.
“We were told at the meeting that investigations against a state leader (ketua negeri), a person well known for having a lot of wealth, could not proceed due to shoddy laws and despite six investigations papers having been opened.”
So the MACC has suggested that (the committee) bring this matter up in Parliament so that a law reform commission can be formed,” Salahuddin told reporters in the Parliament lobby today.MACC not able to obtain corroborationRefusing to name the state leader, he said, the case involving the wealthy person could not move forward as the MACC was not able to obtain “corroboration” on confessions so that these could be admissible in court.
“Bribery does not take place on the roadside. People don’t advertise it when they do so. It is done one-to-one (between individuals),” Salahuddin said.
The MACC has stated that it is investigating prominent political figures for corruption, including Sarawak Chief Minister Abdul Taib Mahmud (left).
The MP said the amendments should involve Sections 23 and 50 of the MACC Act 2009. Salahuddin added that under present law, a Menteri Besar can just excuse himself from an executive council (exco) meeting if it involves a project benefiting his family members or associates.
“(The MB) is then absolved (of corruption) but will the exco members dare to reject the project? This is a case which has been put forward before,” he said, explaining why ‘big fish’ have slipped through the MACC’s net.
Besides this, the PSC, which was appointed by the Agong to advise the Prime Minister on anti-corruption measures, had in its 2010 and 2011 reports called for prosecutorial powers for the MACC.
He said the law reform commission, which he proposed in the Dewan Rakyat yesterday, could review the Land Act to curb unnecessary state appropriation of private land and water sale agreement between Johor and Singapore.
‘Why not use state land for Rapid?’
“More and more cases have emerged where the rakyat’s land have been grabbed ruthlessly for the sake of development,” he said.
One example of this, he said, is in Pengerang, Johor where residents of 10 traditional villages will lose their land due to Refinery and Petrochemical Integrated Development (Rapid) project.
Refuting Pengerang MP Azalina Othman, Salahuddin (right) said this can be avoided if the project was built on sea-front state land in Pengerang, which is also on the shipping route.
Answering Azalina further, he claimed that although there were many from outside Pengerang who had attended the rally against the project last month, many locals are also against it.
He also admitted that no report was lodged against the damage to his car, purportedly through an act of sabotage during the anti-Rapid rally on Sept 30, claiming that it was inconvenient at the time.
“No report was lodged as it was raining at the time and I had another programme to attend,” he said, adding that he will not lodge any report on the matter. He also insisted that he will only debate Johor MB Abdul Ghani Othman, and not Azalina, as only the MB has a say on land matters.
Plain nonsense! Is this CM more powerful then the Federal Constitution?
When the new MACC chief ascended to the post, he promised that he would investigate all cases irrespective of VIPs or other prominent politicians and we have today seen his action made to the people . He is still sitting in the chair like a silent kancil wagging his tail because MACC comes under the Prime Minister’s Department.
Bean, Frank, CLF, Tok Cik, Ellese, Loess74, and Semper Fi, where are you guys?–Din Merican
As I said earlier MACC stands for Mana Ada Corruption Commission. Their job is to give the all clear stamp of approval to BN parties that these people are not involved in corruption. To MACC corruption only happens with the opposition, people who have fallen out of favor and other small fries, not the VVIP’s.
Secondly they only prosecute cases with the smaller amount, anything in the millions are beyond their comprehension and thus don’t qualify as corruption
“Archaic Law”…what???
In the fervour to transform ACA to MACC, was ‘archaic laws’ ever cited as a possible impediment? How convenient!!
It’s not much use talking about Pek-Moh at this point of time, since everything is up in the air and MACC is basically edentulous(toothless) when it comes to baits like him. Too big, too hard and knobbly to swallow, much less digest. Being trained as toy poodles at this level, don’t expect them to morph into dobermans.
However, my opinion of the Pengerang RAPID, may not be main-stream. I’m aghast at the land-grab and the loss of livelihood for the kampong folk there. The worst part was that they left the Chinapek village alone, because they didn’t want to pay the proper rates for commercial land. It was handled very badly from the start, as the compensation was progressively reduced by vested interests. Give the folk fair value and retrain them while a better site can be appropriated for them. The whole bunch of legislators, with Ms Butch MP, might as well clear off and find a job as ‘agen tol’.
The Opposition can in no way scrap this venture, even if they come into power. But since land is a State matter, they can enforce a more equitable, fairer and transparent deal for the dispossessed. The Project per se is much needed to boost our industrial capacity, but there is the need to monitor the environmental fall-out. All in all, i would rather stall the project to ensure proper compensation through mediation and negotiation – rather than to be a hypocritical tree-hugger starving to death. Any questions?
______________
RAPID is land grabbing project, rationalised as an industrial capacity building. At what cost taking into payout spin offs for politicians? Lady Butch is a champion of the project. She has not learned her lessons from those money making deals she made when she was Tourism Minister. But she is not alone. The whole lot of her types are involved and there is nothing civil society can do about it.It is signed, sealed and delivered. Tell us more, CLF, since you are obviously in the know about it.–Din Merican
Under the present set-up MACC is answerable to the PM, thus it can only wag its tail to please its master. A real bite will come after it is put under a bi-partisan select parliamentary committee and obviously answerable to the parliament. This can happen only when there is a change of government and sufficient political will exists for a real improvement. The present ruling elite is obsessed with its own interests and damn the rest.
O MY GOD??? Subhanallah!!!
Sorry Dato Dino,dia orang semua kena panggil olih MACC.Oouch!!!
*speechless*.
This tops it all. Of all excuses, this one takes it all. The world is having a good laugh .
Din,
The point is Azalina still sruvive. So does that botak syed hamid. I respect his daddy more. At least he fight……This joker aiyaaa.
There is nothing much to say about MACC. It’s a useless orgnisation. As for Pek Moh, on second thought, good to keep a little longer. Guarantee cock fight between him & Najib
Its so nauseating to read the whole article. The title itself is enough to make one vomit. How can one law suddenly become archaic when it has to be applied to a V VIP? What is this rubbish?
As we know, who are these politicians? It is the rakyat who elect them to serve them , not to put them on the pedestals and be worshipped. So if any of these politicians is alleged to have committed a crime, a wrong doing, then he should be investigated like any tom, dick and harry.
Malaysia has been a old nation for 55 years and is backward compared to the new Asean country of East Timor. They have established an Anti -Corruption Organistaion. The new PHd head refuses to take up the offer unless there is no interference from the government. He got what he wants as compared to this old hack . This old hack take up the postition with SHAME.
_____________
I was guest speaker in Dili a few years ago. Their leaders and civil servants impressed me a great deal. You mentioned their Anti-Corruption organisation. I was happy to learn then that they had establsihed a Heritage Fund managed with technical assistance of Norway to protect their oil and gas revenues for posterity. The Timorese are a people who have been through a lot but are determined to rebuild their country.–Din Merican
Incredible, when were Archaic things given a life-long tenure….it would have been treated a scrap & thrown away into waste-paper basket ?
Given such high-sounding Acronym – MACC – from the old dysfunctional ACA, public would have thought these stupendous Structures called Commision or Palace of Justice would have done away with Archaic laws to efficiently deal with all forms of corrupt practices, without exception to personalities involved…
i suppose, as someone down-under had remarked : First world Structures run by Third world mentality , which have rendered the ” Structures ” archaic, not the laws….
CLF, Do you realised that Singapore Pulau Ubin is just a stone throw away from Pengerang? And they are fast turning that pulau into another shipping hub right in front of our nose, and in the process lots of sand and silt had been pushed to our territory,despite the protest from the local authority and fishermen who lost their source of income.Don’t mentioned about national strategic and ‘whatnots’ here, since those top echelons at MKN and Mindef knew it at the back of their palms. So the point is RAPID project’s considered vital if we’re to compete into the next millennium globally especially in oil and gas industry, where our southern neighbour has never found a strong footing thus far, for better or worse.That space of narrow shipping lane must be kept neutral at all cost. Comprendo!!
Archaic laws? WTF is this guy talking about. Unless he is saying that they cannot prosecute unless there is new information. Based on the ‘old’ information these criminals should have been dragged into court screaming and kicking but were not.
” … the case involving the wealthy person could not move forward as the MACC was not able to obtain “corroboration” on confessions so that these could be admissible in court.”
Could not move forward as the MACC was not able to obtain “corroboration”? WTF is the guy talking about?? That is why we have due process.
They went on a binge so to speak and prosecuted individuals like Ramli and Rosli without sufficient prima evidence throwing millions of taxpayer money down the drain just so that their message (which is “Don’t mess with us or we will destroy your career and your future”) is heard loud and clear but will not prosecute high profile cases because lack of corroborative evidence for confession or confessions? But let’s see what the totality of the evidence says because guilt or innocence is based on the totality of the evidence and not a single piece of evidence requiring corroboration. Need for law reform? That’s a red herring.
fashan, the Selangor state gomen was the first to reject the RAPID, when the Taiwanese wanted to build it in Pulau Indah. The proposed acreage was only 2,800+. Subsequently when Petronas asked for the land in Johor, it ballooned to 6,400+ (10 sq miles). By the time, the Johor gomen got into the act it became 22,500+> Tell me, how is that possible?
O&G refining is dirty business, even with the most modern technology. I don’t think that any proper Environment Impact Assessment was made. To be honest this far exceeds Lynas in fore-future (i.e immediate) pollution potential due to the sheer scale of the project.
We have to weigh the pros and cons. Economically and business wise, it makes sense if the project is well controlled and managed, because of the massive spin-offs in the downstream activities like natural gas-chemical industry and polymer manufacturing. This hub will compete with the massive Singapore Petrochemical Terminus head to head, which is presently monopolizing the whole of SEAsia.
This facility also has the potential to be tied up with a similar sister facility in Qinzhou, Guangxi which complements it – by supplying to the whole of south eastern PRC. However that’s what i can see on the surface, while i’m sure there’s a lot to it, that is OSA’ed.
I don’t think i would want to tie in the P.Ubin matter as it is beyond the scope of this discussion.
—-
The villagers or land owners were offered an average of RM2.80 per sq foot (psf) for their land.
According to property surveyors, the land is worth between RM12 and RM15 psf! If this is not a land grab, what is?
http://victorlim1982.blogspot.com/
I think Dato, we’ll be hearing a lot of the RAPID project is a short while. I admit i know a little bit more than most, but even that little will soon be divulged by others true to political expediency.
I, like many here, am patriotic to the core especially for the long term progress, development and industrialization of the country. But accountability, transparency and good governance is paramount.
As i had said before, the Goons don’t care two hoots about the people they serve. All they are interested in is lining their pockets by employing all sorts of shady consultants, cynical manipulation, grabbing all they can muster by hook and by crook and practice rapine on an industrial scale.
ETP to me, means Effortless Total Penetration of the backside of the masses.
MACC! More evidence needed to charge Sabah’s Musa right? More evidence needed to prosecute Sarawak’s Taib, NFC’s Sharizat and Scorpene’s Baginda right?
Enough evidence to torture to kill Teoh B H on his weddign day on a few thousand RM$ right? We will get you! Mark my word, we will get all the leaders in MACC, just watch.
Ceausescu, Mussolini, Saddam & Gaddaffi executed, Marcos & Suharto disgraced, Mubarak & sons in jail, Philippines’ Arroyo back in jail again. Meanwhile, we’ve reached the brink we call a horrific curse on all the top leaders in MACC.
I speak under NZ’s credentials – rated No. 1 in the world for non-corruption.
Your PM’s Impeachment is long overdue. Scorpene scandal is only the tip of the iceberg. Think, before the arrival of internet media, twitter & blogs, how much has been plundered, squandered and hidden by Sarawak’s PBB & KL’s UMNO.
Howard Zinn: “….…Our problem is that people are obedient all over the world in the face of poverty and starvation……….obedient while the jails are full of petty thieves…(and) the grand thieves are running the country. That’s our problem.”
You should call for the resignation or arrest of UMNO, MACC, Sabah & Sarawak leaders now.
http://www.transparency.org/country#NZL