Thursday, November 19, 2009

MACC Had Acted Illegally, What Now?

The high court has made an important verdict:

The Malaysian Anti-Corruption Commission’s (MACC) has no right to question witnesses in an investigation beyond normal office hours, namely from 8.30am to 5.30pm.

Judicial Commissioner (JC) Mohamad Ariff Md Yusof stressed that the meaning of the phrase “day to day” as laid down in Section 30(3)(a) of the MACC Act – which is at the core of the dispute between Tan and the MACC – “cannot mean round the clock” investigation, which includes recording statements from the witness.

Mohamad Ariff explained that to do so would “offend the legislative purpose” and limit the fundamental liberties of a person, which are clearly laid down in the Federal Constitution, under Article 5, and which the Federal Court had recently upheld must be interpreted in the “widest sense” possible.

Asked to comment on the impact the High Court’s decision in relation to the dead political secretary, Karpal said: “In the case of Teoh Beng Hock, death was involved. The MACC has to be sued in a wider range and not limited to just the questioning.”

Yes, the MACC must be held responsible for a breach of its own investigative procedures. This ruling is not only significant for future suspects and witnesses but it is also a wake up call for other government agencies, departments and institutions which have been operating without observing proper procedures.

Just days ago, I went a department of a federal ministry to assist a client. I was shocked to find out that officers in the department do not even have a simple guideline and policy to deal with common requests and applications. The result is a lengthy wait for a simple response from the department.

I would like to advice the government to focus on real issues and weaknesses instead of wasting much of its efforts on PR spins and wasteful slogans and advertisements.

Back to the MACC, Lim Kit Siang lamented that political aide Teoh Beng Hock would still be alive if the MACC had followed the law. It is difficult to disagree with Lim.

I would like to urge MACC chief commissioner Ahmad Said Hamdan to suspend the officers involved in the Teoh's case and call an immediate internal investigation on the breach of conduct. Top officers in MACC who insisted that their officers can conduct investigation and interrogation beyond officer hours and round-the-clock should be send back for retraining or demoted.

It is time to focus on real issues, cut the crap slogans, PR spins and ceremonies. Something is not right in Malaysia.

27 comments:

Anonymous said...

The MACC CHIEF MUST BE SACKED IMMEDIATELY...PERIOD

Anonymous said...

keep pushing and use all means to put malaysia back on the right track.change is never easy but united we can do it.use back their own systems and institutions to re-attack them.like in guerilla warfare,umno is big,PR is small BUT the latter is mobile.they are exposed,PRs are hidden!leaders in PR must lead the charge and we malaysians are right behind u guys.time to give justice back to every malaysians.salam.

Anonymous said...

KKP,

U think "we" gonna get a fair trial..??
Slogans & all that crap are just surface only.

Always talk. "NO" action or dragging their feet. Not active at all. Excuse, oh plenty..!!

Look at our neighbouring countries like Singapore & Thailand.
Their Ministers at work...!!!

Their's is less crap..!

Anonymous said...

MACC acted illegally! Sue the Agency!Whoose money? Later Appeal Court throws out High Court ruling.Back to square one lah...

alvin lee said...

I think we should not be commenting on the hig court judgement right now. I believe the MACC will appeal to the
Court of Appeal and thereafter to the Federal Court. What will be the ultimate outcome is anybody's guess.

clearwater said...

'Something is not right in Malaysia.'
Khoo KP, are you trying out understatement as an art form, or are you being unusually subtle? A straight talker would say...
'Too many things are rotten in Malaysia and the stink permeates the MACC as well as many other government institutions.'

Anonymous said...

I wish I can use all the four-letter words I know on the Police, Macc and certain Govt departments.
Just one example. I was involved in a minor accident in KL and I was made to run from one police station to another from 12noon right up to 2.30pm since each station refused to take my report.
When the report was concluded I was told to wait to see an inspector for an interview.
It was already 3.35pm and when I wanted to 'buy' the police report I was told rather rudely that the counter closed at 3.30pm and that I will have to return the next day.
I explained that I was from out-station and I will have to travel 300km again the next day.
No way. "We are closed" was the stern reply. I was dead hungry and angry.
So why are they so concerned with office hours when collecting summonses and selling reports but free to bully witnesses after office hours.
Now, am I justified in using the 4-letter words on them.

Anonymous said...

I have to disagree with you Khoo,

Its EVERYTHING is not right in MALAYSIA

Streetman said...

It is for show only.after they(MACC)appeal to the higher court,it will be reversed.you know-lah,the court is controlled by BN.

Anonymous said...

Latest dirty four letter word in Malaysia... no its not f**k or s**t.... it is MACC... hahahah

clearwater said...

Anon 10.28,

My sympathies. We all have had similar experiences with these moronic types in various government departments. Bureaucracy bound.Iron rice bowl mentality. Little education, bad attitudes, no initiative, no help at all.

And we the public are paying taxes for their salaries and their eventual pensions. You certainly are entitled to curse them and the system that creates and employs such degenerates.

Anonymous said...

SUE MACC NOW!!! HEAD OF MACC MUST ROLL!!!

Wrongful death of Teoh Beng Hock under illegal interogation!!

amoker said...

MACC chief should resign.

Anonymous said...

Najib ought to have stood down Ahmad Said pending on investigation. It is very serious as someone under Macc custody is found dead the next day. Instead of stepping down he was allowed to make irresponsible remarks. Incompetent PM. Here is Aust, a minister was stood down after his parliamentarian wife shouted at some waiters attending them. If Najib is serious then he should have get rid of MACC head. The people in Malaysia are very frustrated with the system and education as it gets more and more stuff up.

Anonymous said...

Let see what Namewee has to say to all those f*&@#er makan gaji buta
http://www.youtube.com/watch?v=hAHQGvFqcSE&feature=player_embedded#

Anonymous said...

what is significant is not that MACC broke the rules but what the JC said limit the fundamental liberties of a person". What excatly does it mean limit the fundamental liberties of a person,

How will the lower courts intreprete this statement. This is going to be anteresting development.

Anonymous said...

MACC CAN INTERGORRATE AT LATE NIGHT WITH THIS THEY CAN DO SOME SEXUALLY JOB LOOK AT THE DR DEATH CONCLUSION TBH PENIS AND ANUS WAS POKE.YOU KNOW WHY AHMAD SAID SON WAS A PRODUCER OF PORNO CD .GO TO HELL WITH MACC .THEY ARE ONLY TOOLS FOR UMNO TO STAY POWER.

Anonymous said...

I think it is unfair for MACC only to work within the 8 hours office hours. It is their method of investigation in question NOT the working hours.
The judge was wrong in his interpretation of day to day. The day to day actually mean from today to next day.
Imagine all police only work during office hours, our crime rate will go up.
Be rational, don't let your hatred emotion cloud your judgment.
I hope the appeal court will correct the high court's obvious mistake.

Catherine said...

Malaysia is in dire need of change before it goes down the drain.

Unite we must! Come GE-13, and we will say 'bye-bye' to BN.

Anonymous said...

Anonymous 7:29 pm,

Only a dickhead like you has come out to openly oppose High Court's decision on MACC. Shame on you and other UMNO/MACC scumbags who ought to be hung upside down by their balls for what they did to Teoh Beng Hock!!

tsunami unleashed said...

To the Dishonourable chief of MACC, YOU ARE FIRED WITH IMMEDIATE EFFECT. Reasons as to why you are fired;
1.You are not competent to head MACC.
2. At most of times you speak stupidity at its lowest.
3. The court has declared that your action is illegal.
3.Because someone whom you said is just a witness to a case of corruption (merely RM2k) has died while in your custody.
4. You have shown that you are totally irresponsible to head MACC and/or not qualified as MACC head.
5. Your official termination letter will be submitted in this site ASAP.

Anonymous said...

To hell with MACC and Barisan Nasional!
The people of our nation should rise up and oust them from power

Anonymous said...

Come on guys, its time teach the goons in BN and the F***ing Najis a lesson!!!
we need to kick them out of the government and out of this country

Anonymous said...

It looks like the nation has a new term of reference- a perfect opposite to legal.

"Don't MACC if you want to do things legally."

Anonymous said...

7.29 anon, u r an id10t indeed !

Anonymous said...

Answer :....

"Next time you do like that again, I'll beat u arr...!!!
Now go and play...!"

With all our comments, you think we gonna get justice...?????

Nahhh.......

najib manaukau said...

You need to have the MACC's officers trained plus also to comprehend and to interpret the English language.
It may take sometime and again it may not ever.