PRESS STATEMENT BY
TAN SRI DATUK ROBERT PHANG. Justice of Peace.
Chairman – Social Care Foundation
11th April 2011
1. On Wednesday 6 April, Selangor Customs Assistant Director, Ahmad Sharbani, was found dead at the MACC Office at Jalan Cochrane. Two autopsies were performed before his grief stricken family could claim and bury his body. A blogger had commented that even as his grave was still moist (tanah kubur masih basah), there were already attempts to absolve the MACC from responsibility over his death.
2. YAB PM‟s immediate remark may be perceived by the Rakyat as in defending the MACC - “But we must remember that what they (the MACC) are doing is still trying to save the country‟s money. The government has fought long to cleanse the Customs.”
3. I was fearful by that statement PM Najib would be distorted or manipulated by others as justifying Ahmad Sharbani‟s death as a cleansing exercise of the Royal Malaysian Customs. My fears have proven to be true. On Sunday, as I read all the mainstream newspapers, it appears to me that they have all joined in a chorus to echo, amplify and exaggerate what PM Najib had said.
4. The most troubling articles have come from Utusan Malaysia Sunday‟s edition of Mingguan Malaysia that dedicated their editorial page to embellish these justifications. I was sad that at page 7, Mingguan Malaysia‟s feature page even had a bold caption “ADA NEGARA TEMBAK PERASUAH” when interviewing the President of the Institute of Integrity Malaysia (IIM). That is unbecoming. That is as good as saying that Ahmad Sharbani‟s death is deserving. That is utterly insensitive and disrespectful to the grieving family and to the personnels/officers of the Royal Malaysian Customs.
5. Instead of gaining sympathy for the MACC, these spin doctors will only make things worse for the MACC, the government and for PM Najib. I call on PM Najib‟s advisers and public relations men to stop vilifying this public servant. A public servant had died under investigation of a law enforcement agency. That is what needs be addressed. Thus, I call on the mainstream media to consider the trauma that Ahmad Sharbani‟s family is going through and not add anymore burden to their grief. Let me remind that if you go overboard, the Rakyat will despise and detest the MACC more.
6. The Statement by the MACC that the late Ahmad Sharbani had gone to the MACC Office „voluntarily‟ and „without an appointment‟, makes it unhelpful, and It sounds like a contrived attempt to avoid responsibility by denying that Ahmad Sharbani was already in the MACC‟s investigation. The root cause for this uncertainty may be resulted by the MACC‟s practice of calling for witnesses to come to its office to give a statement without formal documentation. That happened in Teoh Beng Hock‟s case until it became uncertain whether Teoh was there as a witness or as a suspect. That uncertainty must stop. It is not too difficult if the MACC officers just follow the law. It is there staring at them.
7. The Police have always abided by s. 111 of the Criminal Procedure Code when calling for witnesses by issuing a written order. Even if the MACC does not rely on the CPC, there is a similar provision in the MACC Act in sections 30(1)(a)&(c) read with section 30(5) of the MACC Act. Apparently, the MACC officers read these sections disjointedly and thus feel that they can force a witness or suspect to come for a statement without anything in writing. The same thing happens when the MACC officers conduct visits or raids at people‟s office. The Teoh Beng Hock RCI had already observed these things. Even without the TBH RCI coming out with their report, I hope the MACC will adopt standard police practices in obtaining search warrants and issuing written orders to interview witnesses. This will avoid any allegation of oppressiveness and high handedness.
8. As this investigation relates to issue base and not individual base, this said investigation has to be continued and carried out at all cost without fear, favour or hesitation to enhance the public with the truth. I hold the view that the CHIEF COMMISSIONER DATO’ SRI ABU KASSIM NEED NOT RESIGN AND THAT HE SHOULD BE ASKED TO BE RESPONSIBLE TO LEAD HIS GROUP OF OFFICERS TO THOROUGHLY INVESTIGATE THIS HIGH PROFILE COMPLICATED CASE.
9. That is the way forward for the MACC to redeem itself. I am saying this out of my concern for the MACC as I had once served as its Panel of Advisers. In the meantime, we should allow the police to do its job in conducting an objective and transparent investigation into the late Ahmad Sharabani‟s death. Let us respect his family and allow the due process of law to take its course. On my part, I offer my public condolence to the family of the Ahmad Sharbani‟s family.
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.
TAN SRI DATUK ROBERT PHANG. Justice of Peace.
Chairman – Social Care Foundation
11th April 2011
1. On Wednesday 6 April, Selangor Customs Assistant Director, Ahmad Sharbani, was found dead at the MACC Office at Jalan Cochrane. Two autopsies were performed before his grief stricken family could claim and bury his body. A blogger had commented that even as his grave was still moist (tanah kubur masih basah), there were already attempts to absolve the MACC from responsibility over his death.
2. YAB PM‟s immediate remark may be perceived by the Rakyat as in defending the MACC - “But we must remember that what they (the MACC) are doing is still trying to save the country‟s money. The government has fought long to cleanse the Customs.”
3. I was fearful by that statement PM Najib would be distorted or manipulated by others as justifying Ahmad Sharbani‟s death as a cleansing exercise of the Royal Malaysian Customs. My fears have proven to be true. On Sunday, as I read all the mainstream newspapers, it appears to me that they have all joined in a chorus to echo, amplify and exaggerate what PM Najib had said.
4. The most troubling articles have come from Utusan Malaysia Sunday‟s edition of Mingguan Malaysia that dedicated their editorial page to embellish these justifications. I was sad that at page 7, Mingguan Malaysia‟s feature page even had a bold caption “ADA NEGARA TEMBAK PERASUAH” when interviewing the President of the Institute of Integrity Malaysia (IIM). That is unbecoming. That is as good as saying that Ahmad Sharbani‟s death is deserving. That is utterly insensitive and disrespectful to the grieving family and to the personnels/officers of the Royal Malaysian Customs.
5. Instead of gaining sympathy for the MACC, these spin doctors will only make things worse for the MACC, the government and for PM Najib. I call on PM Najib‟s advisers and public relations men to stop vilifying this public servant. A public servant had died under investigation of a law enforcement agency. That is what needs be addressed. Thus, I call on the mainstream media to consider the trauma that Ahmad Sharbani‟s family is going through and not add anymore burden to their grief. Let me remind that if you go overboard, the Rakyat will despise and detest the MACC more.
6. The Statement by the MACC that the late Ahmad Sharbani had gone to the MACC Office „voluntarily‟ and „without an appointment‟, makes it unhelpful, and It sounds like a contrived attempt to avoid responsibility by denying that Ahmad Sharbani was already in the MACC‟s investigation. The root cause for this uncertainty may be resulted by the MACC‟s practice of calling for witnesses to come to its office to give a statement without formal documentation. That happened in Teoh Beng Hock‟s case until it became uncertain whether Teoh was there as a witness or as a suspect. That uncertainty must stop. It is not too difficult if the MACC officers just follow the law. It is there staring at them.
7. The Police have always abided by s. 111 of the Criminal Procedure Code when calling for witnesses by issuing a written order. Even if the MACC does not rely on the CPC, there is a similar provision in the MACC Act in sections 30(1)(a)&(c) read with section 30(5) of the MACC Act. Apparently, the MACC officers read these sections disjointedly and thus feel that they can force a witness or suspect to come for a statement without anything in writing. The same thing happens when the MACC officers conduct visits or raids at people‟s office. The Teoh Beng Hock RCI had already observed these things. Even without the TBH RCI coming out with their report, I hope the MACC will adopt standard police practices in obtaining search warrants and issuing written orders to interview witnesses. This will avoid any allegation of oppressiveness and high handedness.
8. As this investigation relates to issue base and not individual base, this said investigation has to be continued and carried out at all cost without fear, favour or hesitation to enhance the public with the truth. I hold the view that the CHIEF COMMISSIONER DATO’ SRI ABU KASSIM NEED NOT RESIGN AND THAT HE SHOULD BE ASKED TO BE RESPONSIBLE TO LEAD HIS GROUP OF OFFICERS TO THOROUGHLY INVESTIGATE THIS HIGH PROFILE COMPLICATED CASE.
9. That is the way forward for the MACC to redeem itself. I am saying this out of my concern for the MACC as I had once served as its Panel of Advisers. In the meantime, we should allow the police to do its job in conducting an objective and transparent investigation into the late Ahmad Sharabani‟s death. Let us respect his family and allow the due process of law to take its course. On my part, I offer my public condolence to the family of the Ahmad Sharbani‟s family.
“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.
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