Citizen Nades - An adviser’s dilemma

IT had been a harrowing fortnight for the Malaysian Anti-Corruption Commission (MACC) and its officers. First, the deputy public prosecutor, seconded from the Attorney-General's Chambers was arrested. Subsequently, two other officers had their statements taken to "facilitate investigations" into the issue of leaking confidential information.
In between, news emerged that their top two bosses were "ordered to go on leave". Then, their outspoken head of the special operations division Bahri Mohamad Zin found himself on the "wrong side" of the authorities for his "I will hunt the culprits" statement. Also in the doghouse was Rohaizad Yaakub. His "crime"? As head of MACC's communications department, he welcomed and thanked opposition leaders who turned up at the headquarters to show support for his beleaguered colleagues.
Both have now been transferred to the Prime Minister's Department, where they will probably be on "gardening leave".
As news of such arbitrary decisions made the headlines, it affected MACC officers whose professionalism was being questioned by the same authorities who appointed them to combat corruption.
On a personal note, already being under the weather for a few days, the news added to the depression, pain and well-being. As a member of MACC's advisory panel, the interaction with many of these officers had prompted me to dismiss the public notion of the institution being biased and harbouring on selective prosecution or taking orders from above.
All of them had and continue to be professional in their articulation, dealings and their methods of investigations and expressing their views and opinions. Yes, we have disagreed on some issues, but they produced counter-arguments which merited a re-look at some of the opinions that had been expressed.
The recent spate of actions could have destroyed an independent institution which was primarily set up to fight corruption which has reached endemic stages in our nation.
At every stage, there is either a "Mr 15%" or someone who asks: "Mana saya punya?" Some have been more blatant in insisting on written agreements for their "side arrangements". For many businessmen, setting aside and budgeting for "extraordinary expenses" in their cash flow statements has become mandatory. No longer can such money be classified as "flowers" because it runs into millions.
Therefore, these actions which are tantamount to "undermining" a legally constituted body, could be a harbinger to a complete breakdown in the administration of the nation.
The despair and agony of many Malaysians who share these views could be understood. But beyond the gloom, there is some glimmer of light.
First, Sports Minister Khairy Jamaluddin's stance on this matter must be appreciated and applauded. Following the transfer of the two officers, he stepped up and said: "I hope these sorts of actions can cease immediately and the intimidation against MACC is stopped. I see it as strange and very disappointing – as if there is a planned intimidation against MACC to weaken the institution."
Khairy could not have expressed it better. Then came the belated response from the minister in the Prime Minister's Department, Datuk Paul Low.
"If people leading the investigation on any case can be transferred out by outside parties not within the MACC, then the work of their investigations will be compromised," he told Malaysiakini.
"The reason it is inappropriate is because MACC is an independent agency. You are supposed to operate independently including the nature of assignments. They should not be transferred out by outsiders that is not within the MACC structure," he said.
Even before his response, I had been on the phone with Low and asked that he and all the members of the four MACC advisory panels should resign en-bloc.
Low argued that it would not provide the solution. As the minister in charge of good governance and integrity and if the institution implementing them comes under siege, what good is there to remain?
As members of panels who are supposed to act in advisory capacities to such an independent institution whose credentials are now being questioned, what purpose does it serve to continue?
Eila, Bahri's daughter, provides some clues as to the integrity of MACC officers and the reason to continue and defend this institution and its people.
"For decades, he carried out his duties to investigate and arrest those who were out to swindle funds illegally from the rakyat. He and his division succeeded in saving hundreds of millions from going missing," she said in a Facebook post.
"For as long as he worked as an MACC officer, our family was constantly threatened, hit with black magic, disturbed, boycotted, scolded, and he (Bahri) experienced even more."
However, Eila said her father, who was a deeply religious man, had always been steadfast in standing by what was right.
These speak volumes of this upright and ethical investigator. If good people like Low and the rest of us cannot make a stupendous and honest stand by supporting unequivocally truthful, honourable and righteous people who go by the book, then our role as advisers becomes untenable.
R. Nadeswaran is editor (special and investigative reporting) at theSun. Comments: citizen-nades@thesundaily.com