NOV 26 — Isn't it pitiful that the Malaysian Anti-Corruption Commission (MACC) is whining about the effects of having to question witnesses only during office hours?
It must be a real crimp to their efforts to fight graft in Malaysia.
MACC investigations division director Datuk Shukri Abdull reflected on this possibility after Kuala Lumpur High Court (Appellate and Special Powers) judge Mohamad Ariff Md Yusof ruled that detaining a witness for interrogation beyond office hours was wrongful detention under the law.
Shukri said they would wait for three months to see the effects of the new directive on the MACC’s investigation process, adding, “however, I understand that the Attorney-General will appeal against the High Court’s decision.”
But like the uncommon civil servant that he and most MACC officers are, Shukri said the MACC would continue to receive reports or complaints from the public after office hours, that is, after 5.30pm.
“Previously, we had been working round the clock, including interrogating witnesses and taking down their statements; 90 per cent of our work involve witnesses,” he added.
The facts would show that since the MACC came in to being at the last New Year's Day, it has yet to secure a conviction against a big fish. It has only investigated and prosecuted the small fries that inhabit the cosy nexus of the business and political world. Even a former ministry secretary-general is being charged with graft amounting to about RM60,000.
Former Selangor Mentri Besar Datuk Seri Khir Toyo's Balinese-style mansion, reputed to be worth RM24 million, and his Disneyland trips are part of an investigation but the results have yet to see light. Would he be charged? One wonders.
The only unfortunate result of round-the-clock interrogation has been the death of DAP political aide Teoh Beng Hock last July 16.
The MACC fouled up there when a witness in its custody died in mysterious circumstances. To add insult to injury, it has been caught in a web of half truth and lies about a young man who died on the morning of registering his marriage and all it could allege was possible suicide.
There was no mistake in giving unfettered powers to the MACC as corruption is rife in Malaysia. But the MACC is essentially the same as its maligned predecessor the Anti-Corruption Agency, staffed by the same people who abused their powers that have led to the same dismal results and now one death.
Not being able to question witnesses after office hours won't derail the fight against corruption.
What has affected the Malaysian experience has been a lack of will by those charged with enforcing the laws and investigating graft cases to do their work according to the law and prosecuting without fear or favour.
The MACC has to stop whining. It just has to continue working well within the provisions of the law or it will be no different from those it seeks to put in jail.
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