MACC Advised Not To Ignore "Small" Complaints

PUTRAJAYA, 16 NOVEMBER, 2010: The Malaysian Anti-Corruption Commission (MACC) was today advised not to treat any complaints lightly including "small" ones as this will have an impact on public trust in the commission.The advice came from former commissioner of the Hong Kong Independent Commission Against Corruption (ICAC), Bertrand Edouard Doger de Speville, who paid a visit to the MACC headquarters, here, today.

In conjunction with his visit, he also briefed the members of the board, committee and panel formed under the MACC Act 2009."We were sharing his experiences when he was with the Hong Kong ICAC. We also wanted to know from him the important elements for MACC to improve its effectiveness in preventing corruption," said MACC chief commissioner Datuk Seri Abu Kassim Mohamed after de Speville's visit.
   
He said the Hong Kong ICAC's experience could be emulated by MACC as the  structural models used by both organisations were similar. "Experience told him (de Speville) that the MACC should investigate all complaints received, whether big or small."
   
In this regard, Abu Kasim said the MACC already had a special committee which met every morning and chaired by the deputy director of the Operations Division to discuss all corruption cases brought to the commission's attention. "Cases not seen as corruption or no action to be taken will be tabled before the Operations Evaluation Panel. We see this panel as having an important role as the people's representative in monitoring corruption.
   
"We have to explain to the panel why these cases are not being charged. This is important to assure the public that we are not closing cases for invalid reasons," he said. Meanwhile, asked whether the MACC should be given the power to prosecute, de Speville said: "No, I don’t think that an anti-corruption agency should have or need the power to prosecute."
   
"It is important that our basic principal of criminal justice be maintained that includes separating the functions of investigating, prosecuting, sentencing and sanctioning. These are distinct functions." 
There have been calls from the public for the government to give the MACC the power to prosecute in corruption cases, whereas right now the power to prosecute lies with the Attorney-General (A-G).    
According to Clause 3 of Article 145 of the Federal Constitution, the A-G can use his discretion to begin, carry out or stop any proceedings of an offence, except those in the Syariah, marshall and native courts.
   

Source : http://www.malaysiandigest.com/news/12001-macc-advised-not-to-ignore-qsmallq-complaints.html