Now, as an independent agency, it is modelled after top anti-corruption agencies such as the Independent Commission on Anti-Corruption (ICAC) in Hong Kong and the Independent Commission Against Corruption in New South Wales (Australia), with five independent bodies monitoring it to ensure its integrity and protect the rights of citizens.The Anti-Corruption Advisory Board, Special Committee on Corruption, Complaints Committee, Operations Review Panel and the Corruption Consultation and Prevention Panel are managed separately from other government offices to provide an independent perspective.
Over the years, the public has followed the MACC closely, and the commission has received a fair amount of publicity, not just from those enthusiastic about curbing corruption but also those waiting to see the next high-profile personality to be charged.Cases involving such high-profile figures have put the MACC in the spotlight as it conducts a thorough and unbiased investigation. This was evident by the recently-released MACC 2010 Annual Report.
The report revealed that among those charged by the MACC last year were former Pahang Special Affairs Department (Jasa) director Yusof Jamaludin, Tourism Malaysia director-general Mirza Mohammad Taiyab and Maju Institute of Educational Development (MIED) previous chief executive officer P Chitrakala.It was also revealed in Parliament that the commission had completed investigations into 24 cases involving graft which implicated high-profile individuals last year.
One example cited in the report of a successful high-profile prosecution involved former immigration department deputy director-general Yusof Abu Bakar, who was sentenced to a total of 56 years in prison and fined RM620,000 on 14 counts of corruption.
Fairly good performance
Ongoing high-profile court cases prosecuted by the MACC include those of former transport minister and MCA president Dr Ling Liong Sik and former Selangor menteri besar Dr Mohd Khir Toyo.Ling was charged in court on July 29, last year with cheating the government over his alleged role in the Port Klang Free Zone (PKFZ) scandal while Khir was arrested and charged in court on Dec 6, the same year for alleged corruption linked to a land deal.
Another former transport minister, Chan Kong Choy, was also charged in court in relation to the PKFZ case.
As pointed out by Minister in the Prime Minister Department's Nazri Aziz, the report indicated a fairly good performance by the MACC, in terms of restoring justice.He was quoted as saying that MACC had done a fairly good work, and that credit should be given when it was due.
Nevertheless, there is some sceptism on MACC, particularly in relation to prosecuting high-profile cases as some quarters, including opposition parties, have claimed it was merely an orchestrated “gimmick”.The varied public perception, sometimes unfair to the MACC, has remained one of the greatest challenges to the commission. MACC chief commissioner Abu Kassim Mohamed has said it would be among the paramount issues that the more than two-year-old commission needed to address.
For example, many Malaysians still perceive the MACC as a “tool” of the government that only goes after the “small fish”. They also took into account that Malaysia’s ranking in the Transparency International (TI) index fell last year.Little did they know that the problem of corruption was not due to one organisation as there was a bigger picture that needed to be addressed – the index was based basically on the role of the legislature and judiciary, as well as freedom of information.
Additionally, the public appears to lack trust in the system used by the commission, a major criticism being that the power to prosecute – now the domain of the Attorney-General's Chambers – should be given to the MACC to overcome the perception that the commission has limited power.Some people believe the MACC's power to handle reports, conduct investigations and make arrests was insufficient as they argue that the commission could only start an investigation after receiving a report.
Separation of powers
There are also calls from politicians from both sides of the political divide, lawyers and concerned citizens for the power to prosecute to be wholly vested in the MACC, in respect of cases involving corrupt practice. However, the plan was recently shot down by Nazri when he said it was important for both the investigating and prosecution teams to remain separate, in line with the concept of separation of powers.
If the prosecution rights were to be granted to the MACC, it would not be long before the police, immigration and various other departments begging to demand for similar powers to prosecute to be vested in them.The rejection of handing over prosecution rights to the anti-graft body was applauded by Bertrand de Speville, a former head of Hong Kong’s Independent Commission Against Corruption, when he said: “It is best that the investigators investigate, prosecutors prosecute and the trying and sentencing be left to the courts.”
Despite some setback, including the death of two witnesses, the MACC, over the past two and a half years, has been working towards improving its institution.For example, the implementation of audio room in all MACC offices has already been applied and this could be seen as one way whereby, the MACC restores public faith in the commission.There have been several allegations of MACC officers using force or compelling witnesses to give their statements which were later claimed to have been made under duress.
There was a report that a three-deck security system would be implemented by the MACC to ensure that all statements given by a suspect or witness would be recorded, which would make it almost impossible to doctor or alter the recordings.This sort of improvement that is soon to be installed will help the MACC shrug off public sentiments that MACC officers use excessive force while conducting investigations.
Silencing the sceptics
“We hope to equip all MACC offices nationwide with such recording rooms to supplement our CCTV (closed-circuit television) system so that there will be no complaint of harassment or high-handed approach in interviewing witnesses and suspects,” Abu Kassim was quoted as saying.Apart from the use of video recording equipment in the rooms where suspects and witnesses have their statements taken, MACC will also have a convex mirror placed in a corner of the room.
This is to show those present in the room and dispel any claim on intimidation by investigating officers.The interviewee and the investigating officer are both given a copy of the recording, and a third copy sealed and kept in a vault. This third copy is considered the authentic copy, should a dispute arise on its contents.The MACC complaints committee, headed by former Appeals Court judge Mohd Noor Abdullah and five other members, has also proposed that metal and X-ray scanners be installed to ensure the physical safety of witnesses, suspects and officers.Such improvements and upgrades might do the trick in silencing the sceptics. However, what is more important is that the MACC should continue to curb corruption in the country, without fear or favour.
Source : Bernama
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