Are
political donations done discreetly and not in a transparent manner a form of
corruption?
Or could the controversial RM40 million allegedly channel from Hong Kong to Sabah Umno be a form of money-laundering?
One of the lingering questions that emerged at the International Association of Anti-Corruption Authorities (IAACA) conference that ended last week, and iremains a bone of contention, is whether political contributions can be considered a form of corruption.
This question was posed to the panel during the ICACC by a
member of the floor during the conference, way before the same matter was answered by Minister in the Prime Minister’s
Department and de facto law minister Nazri Abdul Aziz in Parliament.
The question whether the Malaysian arrested in Hong Kong for having a RM40 million, which was allegedly to be channelled to a Sabah political party, was considered as a form of corruption was posed to MACC deputy head of prosecution Anthony Kevin Morais and Hong Kong director of prosecution Kevin Zervos. The moderator for the panel was former Federal Court judge Abdul Kadir Sulaiman.
According to former MACC adviser Robert Phang, when the question was posed to the two from a member of the floor, they could not answer it, with Zervos promising a reply via email.
Phang told Malaysiakini that the question was
again posed to another panel of eminent members on the final day, Sunday.
This panel comprised Singapore’s Corrupt Practices Investigation Bureau assistant director Raymond Wee, Anti-Corruption Consultants, Australia, managing director Michael Symond and Hong Hong’s Independent Commission Against Corruption (ICAC) principal youth and education officer Evalina Yim.
According to the vocal Phang, the panellists agreed in unison that if a country has no laws governing political contributions, then political donations should be made in a transparent manner.
“If this is not done transparently, then it can be considered as another form of corruption. This is not said by me but the three-member panel up there,” said Phang, who attended the three-day conference on the invitation of the MACC.
“Following Nazri’s revelation last week, I ponder whether his reply will create another serious controversy (in clearing Sabah Umno and Sabah Chief Minister Musa Aman).”
Phang said the United States has laws governing political contributions and these are done in a transparent manner.
It is uncertain whether Malaysia has any laws barring contributions, but there is speculation that this could be an offence under the Election Act.
‘AG a controversial figure’
Last week it was reported that Prime Minister Najib Abdul Razak did not want to disclose the source of the RM40 million.
Phang also posed the question whether attorney-general Abdul Gani Patail was the right person to have cleared Sabah Umno and also Musa.
This was because Gani is said to have relations with Musa.
“The said relations between Musa and Abdul Gani is in thGani the attorney-general himself had made the decision to clear Musa and Sabah Umno,” he said.
Phang said having attended the full session, the question remained whether the MACC itself has the independence, not only in prosecuting but also in investigating.
He said this was a relevant assertion and since the MACC has two deputy public prosecutors (DPPs) seconded from the Attorney-General’s Chambers, it is perceived that MACC does not have investigative powers as well.
“MACC’s head of prosecution Abdul Razak Musa and his deputy Kevin Anthony Morais are representatives of the AG’s office. The floor during the three-panel members discussion concurred that there is an element of corruption with regard to the questionable RM40 million.
“For the MACC, the greatest challenge for me is in dealing with this case and that of Sarawak Chief Minister Abdul Taib Mahmud, where the commission had cited difficulty in investigations. This is because besides the people of Sabah and Sarawak asking this, the same is being asked by the rest of Malaysians,” he said.
Phang also questioned Gani’s absence at an international conference of such a stature, sayinfg this did not augur well for the AG, which was represented only by Morais.
He asked whether the international conference was too low
for the Gani, to attend although he was present during the opening by
Najib.
“On the whole, the conference was well-organised by the MACC, but on a micro basis (in terms of the MACC’s investigations and prosecution) it is tough for the MACC as it remains to be seen whether the commission is acting without fear or favour.”
“It may have defeated the true spirit and objective of the conference if the MACC is seen as being unable to react,” Phang added.
Source : http://www.malaysiakini.com/news/211726
Or could the controversial RM40 million allegedly channel from Hong Kong to Sabah Umno be a form of money-laundering?
One of the lingering questions that emerged at the International Association of Anti-Corruption Authorities (IAACA) conference that ended last week, and iremains a bone of contention, is whether political contributions can be considered a form of corruption.
This question was posed to the panel during the ICACC by a
member of the floor during the conference, way before the same matter was answered by Minister in the Prime Minister’s
Department and de facto law minister Nazri Abdul Aziz in Parliament.The question whether the Malaysian arrested in Hong Kong for having a RM40 million, which was allegedly to be channelled to a Sabah political party, was considered as a form of corruption was posed to MACC deputy head of prosecution Anthony Kevin Morais and Hong Kong director of prosecution Kevin Zervos. The moderator for the panel was former Federal Court judge Abdul Kadir Sulaiman.
According to former MACC adviser Robert Phang, when the question was posed to the two from a member of the floor, they could not answer it, with Zervos promising a reply via email.
Phang told Malaysiakini that the question was
again posed to another panel of eminent members on the final day, Sunday.This panel comprised Singapore’s Corrupt Practices Investigation Bureau assistant director Raymond Wee, Anti-Corruption Consultants, Australia, managing director Michael Symond and Hong Hong’s Independent Commission Against Corruption (ICAC) principal youth and education officer Evalina Yim.
According to the vocal Phang, the panellists agreed in unison that if a country has no laws governing political contributions, then political donations should be made in a transparent manner.
“If this is not done transparently, then it can be considered as another form of corruption. This is not said by me but the three-member panel up there,” said Phang, who attended the three-day conference on the invitation of the MACC.
“Following Nazri’s revelation last week, I ponder whether his reply will create another serious controversy (in clearing Sabah Umno and Sabah Chief Minister Musa Aman).”
Phang said the United States has laws governing political contributions and these are done in a transparent manner.
It is uncertain whether Malaysia has any laws barring contributions, but there is speculation that this could be an offence under the Election Act.
‘AG a controversial figure’
Last week it was reported that Prime Minister Najib Abdul Razak did not want to disclose the source of the RM40 million.
Phang also posed the question whether attorney-general Abdul Gani Patail was the right person to have cleared Sabah Umno and also Musa.
This was because Gani is said to have relations with Musa.
“The said relations between Musa and Abdul Gani is in thGani the attorney-general himself had made the decision to clear Musa and Sabah Umno,” he said.
Phang said having attended the full session, the question remained whether the MACC itself has the independence, not only in prosecuting but also in investigating.
He said this was a relevant assertion and since the MACC has two deputy public prosecutors (DPPs) seconded from the Attorney-General’s Chambers, it is perceived that MACC does not have investigative powers as well.
“MACC’s head of prosecution Abdul Razak Musa and his deputy Kevin Anthony Morais are representatives of the AG’s office. The floor during the three-panel members discussion concurred that there is an element of corruption with regard to the questionable RM40 million.
“For the MACC, the greatest challenge for me is in dealing with this case and that of Sarawak Chief Minister Abdul Taib Mahmud, where the commission had cited difficulty in investigations. This is because besides the people of Sabah and Sarawak asking this, the same is being asked by the rest of Malaysians,” he said.
Phang also questioned Gani’s absence at an international conference of such a stature, sayinfg this did not augur well for the AG, which was represented only by Morais.
He asked whether the international conference was too low
for the Gani, to attend although he was present during the opening by
Najib.“On the whole, the conference was well-organised by the MACC, but on a micro basis (in terms of the MACC’s investigations and prosecution) it is tough for the MACC as it remains to be seen whether the commission is acting without fear or favour.”
“It may have defeated the true spirit and objective of the conference if the MACC is seen as being unable to react,” Phang added.
Source : http://www.malaysiakini.com/news/211726
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