PETALING JAYA: Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki (pix) might have opened a can of worms through his own admission that he allowed his central depository system (CDS) account to be used by his younger brother,.
This may expose him to a possible investigation under the stock trading laws.
Deafening calls for a committee to be formed to conduct a probe on Azam were heard since Wednesday’s press conference to clear his name at the MACC headquarters in Putrajaya was held.
Prominent lawyer Mohamed Haniff Khatri Abdulla said Azam had subjected himself to scrutiny after choosing to go public with his statement.
“Azam may have felt obliged to make a statement but he is not duty-bound to make any statement at this point because the constitutional right to remain silent applies to everyone. It is his right to remain silent but because he did not, now we have to scrutinize his explanation.While he tried to clear himself of wrongdoings related to corruption, he had voluntarily admitted that his account was used by his younger brother to purchase the said shares. This has put him at a risk of possible crimes he may have committed under other provisions of the law.” he told theSun.
Mohamed Haniff said under Section 25 and its subsections of the Security Industry (Central Depositories) Act 1991 (SICDA), the opening of a CDS account must be in the name of its beneficial owner or an authorised nominee.
He said it should be questioned if Azam’s brother was a nominee authorised by him and the origins of the funds used to purchase the shares in 2015.
“An investigation should be initiated to determine if the purchase of the funds amount to any breach of anti-corruption laws. It should also be questioned why the shares of the particular company was made. It should be investigated if there was an ongoing probe against the company or its shareholders by the MACC. The background of Azam’s brother should also be ascertained to determine where he obtained funds to purchase millions of the shares. Azam’s brother also had shares in his own CDS account. Then why did he have to use Azam’s CDS account? Did Azam disclose the purchase as required by the law for civil servants. If he did not, he can be suspended from his duties pending disciplinary action. All these questions are not to cast doubt on Azam but for the authorities to investigate the allegations.” he said.
Mohamed Haniff said although the Anti-Corruption Advisory Board (ACAB) had acknowledged the controversy and had made public its findings which were a discussion between it and Azam, it is insufficient to put the case to rest.
He said because the findings it announced has no standing in the law because the board has no investigative powers to make any recommendations but only give its opinion.
Mohamed Haniff said the ACAB’s duty is to advice and suggest any aspect of prevention or eradication of corruption
However, he said when there are allegations against the head of the MACC, they must provide the best way to solve the matter and not undertake an investigation.
“The government must always practice obedience to the rule of law. The Prime Minister should make a request to the Attorney-General’s office to form special task force to conduct an investigation on Azam. On concluding the findings, the public must be made aware of the outcome of the investigations. This will clear Azam’s name of any wrongdoings or if he was found to have committed a crime, then charge him in court. In fact, Azam should be encouraging an investigation if he had not done anything wrong and go on leave when the probe begins. That would be very noble of him.” he said.
Universiti Sains Malaysia head of research on crime and policing, Hon Assoc Prof Datuk Dr P. Sundramoorthy who was a former member of the MACC’s Operations Review Panel and echoed Mohamed Haniff’s comments said it was shameful for the ACAB to hastily respond to the allegations when it was not its place to do so.
“The board is not addressing the crux of the matter which is to look into the allegations and suggest the next course of action. It has no role in reviewing the case in such a brief period. There are many eminent persons sitting on this panel. They should not keep their silence just because they serve the commission or as to not offend the relevant parties. They should speak up on the ethics and integrity surrounding the matter. The board is to serve independently without fear or favour and not be a showpiece or mouthpiece of the MACC.” said the criminologist.
He said as the key agency of implementing good governance and integrity, Azam as the commission’s director of investigations at the time of the purchase of the shares were made should have impeccable knowledge of the laws involving the purchase and disposal of assets by civil servants which must be declared.
Sundramoorthy also said that he is appalled by Azam’s statement that he reports solely to the ACAB when he should be aware that in actual fact he should be doing so with the Prime Minister’s Department.
He said an investigations committee comprising of members from the Attorney-General Chambers, Public Service Department, Inland Revenue Board and Securities Commission.
“The task force should also have law experts and members from reputable NGOs.” he said.
Prominent social activist Tan Sri Robert Phang who is also a former member of the ACAB said the matter should not be put to rest following ACAB’s and Azam’s statement.
“Why did the ACAB not question why Azam’s brother had used his CDS account. This is just the beginning of a storm to uncover the truth. If an investigation committee is set up to probe, I wish to step up as I have a barrage of questions to ask.” he told theSun.
