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 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.