MACC-PKR 'issue' raises more important questions...preferential treatment to public servants? Ministers? Can Public Prosecutor simply decide not to prosecute - or should he delay prosecution untll more evidence secured? Can public prosecutor chose not to prosecute and recommend internal 'disciplinary action'?
Azam later admitted that MACC had erred in sending the letter, which is normally sent to relevant ministries or agencies, to the party.
MACC deputy chief Datuk Seri Azam Baki clarified that the MACC is only required to notify government bodies and not political parties.
In their response, the MACC Deputy seems to say that such letters (with or without complete investigation reports?) are send to Ministries and government agencies? Is this true? What relevant ministries or agencies? Was it the practice during the BN era...or is it a new thing under the NEW Pakatan Harapan government...
Did the MACC also previously recommend that 'disciplinary action' be taken against law-breakers to relevant ministries or agencies?
Does that mean that law breakers in these relevant ministries or agencies are dealt with through 'disciplinary actions' - and these public servants or others do not get charged in court and tried for their wrongdoings?
Sending details of investigations and such letters could also result in actions taken to get rid of relevant evidence or even possible tampering of such evidence?
PKR secretary-general Datuk Saifuddin Nasution who was also present at the press conference had revealed details of the MACC letter, by reading it to the press...The report quoted Saifuddin saying that PKR had received the letter on October 23, in which MACC had specifically highlighted the name of the offender, the offence committed, the date as well as the venue where the alleged incident took place, together with details of those who had been questioned on the matter....According to the report, Zakaria had allegedly offered an RM20,000 from the Works Ministry, and the incident reportedly happened during the run-up to the party election, when Zakaria was vying for a seat in the MPP...“There is also a statement of claim by the DPP who recommended that action be taken against Zakaria.
Remember the billions of ringgit in Najib's account - somehow that money 'left' the jurisdiction of Malaysian courts - when really, that account should have been frozen and that 'evidence' kept in Malaysia - was this because MACC informed the PM or Ministers or relevant ministries or agencies?
Maybe the MACC now need to clarify to the Malaysian practice as to how many times in the past did the MACC chose to send duch letters to relevant ministries or agencies advising 'disciplinary actions' rather than openly charging and trying the wrongdoers? The new MACC of the new government has no reason to hide past bad practices of the MACC under the old regime.
MACC also in the past investigated BN candidates and gave them a 'greenlight' - free from corruption and similar wrongdoings - and that would have likely included even Najib and his deputy Zahid Hamidi - but today, we see them both and even others being charged in court...
MACC is an enforcement agency, and it should stop practice of verifying candidates for elections as 'clean'. The practice of signing declarations also need to stop - unless the law is amended, making those who gave such undertaking or declarations, is now visited by a much higher sentence if subsequently found guilty - if not such declarations to MACC is really worthless?
Lateefa Koya, head of MACC - sadly has nothing to add to what MACC deputy chief commissioner (Operations) Azam Baki had already said about the letter( with or without details of the investigation report?) sent to PKR - who was the letter sent to is still a question mark - PKR itself, President of PKR,...who?
Malaysian Anti-Corruption Commission (MACC) chief commissioner Latheefa Koya today refused to comment on the sacking of PKR central committee member Zakaria Abdul Hamid, said to be based on an MACC letter to the party suggesting disciplinary action.
There has been concern that many a time public servants seem to get 'preferential treatment' by being subjected to internal 'disciplinary action' rather than being charged and tried in open court.
This must end - and, for public servants especially, including police, the charging, trial in open court and conviction may be ALSO an important DETERRENT to other public servants - a disciplinary action, unlike a public trial, may not even be known by the Malaysian public ...
The law stipulates sentences of imprisonment, fine and whipping- and it certainly does not include termination from employment, transfer, demotion, temporary suspension of wage increments...all of which are punishments imposed by disciplinary actions.
Should not all be treated according to law equally - irrespective of whether one is a public servant or not? In fact, when it is a crime committed by a public servant, the sentence ought to be higher as it a crime that affects all Malaysians...
The Deputy Public Prosecutor will not prosecute - according to MACC? WHY?
He [Deputy chief commissioner (Operations) Azam Baki] said the deputy public prosecutor had informed him the Bera division chief would not be prosecuted.
After MACC completes its investigation, it is send to the Public Prosecutor - Well, if the Public Prosecutor is satisfied that there is sufficient evidence, he will proceed to prosecute - charge and trial in open court.
If the prosecutor feels that there is insufficient evidence - then, he will ask that more investigation be done and further evidence be obtained...and thereafter, it is send back again to the prosecutor...The Public Prosecutor can never say that the accussed is 'not guilty' or that the case or 'investigation' is closed...Remember this was on of the unhappiness with the former Attorney General when he 'cleared' Najib of any crime...
So, who is that 'deputy public prosecutor' that had informed him[Deputy chief commissioner
(Operations) Azam Baki] that the Bera division chief would not be prosecuted.
Time for Public Prosecutor Tommy Thomas to step in and investigate the conduct of his DPP...
What Anwar and PKR did is also very scary - and it ought to be a major concern for all Malaysians, as Anwar Ibrahim may be our next Prime Minister..
- No problem about commencing disciplinary proceedings against PKR members - but was there a right to be heard and a 'fair trial' accorded to them before the sentence was imposed - membership terminated?
- Looks like there was no right to be heard and no fair hearing - they just relied and took the contents of the MACC letter as true - despite knowing that MACC had also informed them that the alleged may not be charged in court > an indication that there may be no or insufficient evidence to prove that they are guilty in court?
- Well, does this indicate that Anwar Ibrahim is OK with Detention Without Trial laws...OK with SOSMA...does not believe in the RIGHT TO A FAIR TRIAL...If so, I may not want any such person as the next Prime Minister...do you?
RIGHTLY Anwar and PKR should have accorded a fair disciplinary hearing before punishment including terminating their membership....they could at the interim period pending the completion of the disciplinary process suspend the two... PKR can still revoke the termination and accord them with a fair disciplinary hearing within the party...we shall see what happens?
However, Anwar defended the recent expulsions, adding that internal action was taken against the duo to show his party’s commitment to battling corruption, even after the MACC conceded it erred in issuing a letter to PKR about the matter.
See related post:-
MACC 'Scandal'? MACC sending letter to political parties, employers..'advising' disciplinary action is wrong?
My deputy has spoken, says MACC chief on PKR man’s sacking
KUALA LUMPUR: Malaysian Anti-Corruption Commission (MACC) chief
commissioner Latheefa Koya today refused to comment on the sacking of
PKR central committee member Zakaria Abdul Hamid, said to be based on an
MACC letter to the party suggesting disciplinary action.
“I will not be commenting on that. Deputy chief commissioner
(Operations) Azam Baki has commented and given his views, so I think
we’ll leave it at that,” she said.
Last week, PKR said it sacked Zakaria and Pahang ordinary member
Ismail Duhladi based on “advice” given by MACC after it had investigated
allegations of corruption against them.
Azam later admitted that MACC had erred in sending the letter, which
is normally sent to relevant ministries or agencies, to the party.
He said the deputy public prosecutor had informed him the Bera division chief would not be prosecuted.
PKR secretary-general Saifuddin Nasution said the allegation against
Zakaria involved a RM20,000 public works contract to PKR leaders in the
Bera area, while the allegation against Ismail involved “marked-up
prices” for a project in 2018.
Zakaria said he had not been informed about any report lodged against
him with the disciplinary board, and accused the party of having taken
action without hearing his defence.
The sacking has led to a war of words between party leaders seen
aligned to party president Anwar Ibrahim and his deputy Mohamed Azmin
Ali.
Those aligned to Anwar were reported to stand by the sacking, whereas those aligned to Azmin have criticised it. - FMT News, 2/12/2019
No apologies over sackings, says Anwar while PKR sec-gen reveals contents of MACC’s letter
KUALA LUMPUR, Nov 30 — PKR president Datuk Seri Anwar Ibrahim has
refused to apologise for the recent sacking of a Central Leadership
Council (MPP) member, adding that the memorandum demanding for his
apology is also disputable.
Anwar claimed that the letter, undersigned by 20 MPP members
including his deputy, Datuk Seri Mohamed Azmin Ali, has been disputed by
two signatories; PKR vice-presidents Chua Tian Chang or Tian Chua, and
R. Sivarasa, on the part demanding for his apology.
News portal Malaysiakini reported the Port Dickson MP saying in a
press conference in Penang, that he is open to his party’s disciplinary
board reviewing the expulsion of Bera PKR division chief Zakaria Abdul
Hamid, pointing that it is the right of any party member.
“They did not agree to the part asking me to apologise over the sacking of Zakaria, that part was not in the draft.
“This means something has been manipulated in the letter as the letter is not entirely true,” Malaysiakini quoted Anwar saying.
“I do not know but it was signed by the deputy president. A statement
has to be agreed by all, but parts of it were not in the draft, let
them clear that up first,” Anwar reportedly remarked, when questioned
as to who manipulated contents of the letter.
Earlier today, Azmin led 20 of the party’s MPP leaders, to object to Zakaria’s sacking, who is seen to be from their faction.
The group that also included vice presidents Zuraida Kamaruddin, went
on to press Anwar to apologise over the matter, saying the decision was
not formally endorsed by two thirds of the committee.
They said they consequently did not recognise the decision to expel Zakaria.
The letter further stated that the Malaysian Anti-Corruption
Commission (MACC) had already notified that it made a mistake in
recommending actions against Zakaria, and this point further
strengthened the MPP members stand on the matter.
“In fact, it was also stated that after an investigation, there is no existing case as alleged,” the 20 MPP members claimed.
Malaysiakini reported that PKR secretary-general Datuk
Saifuddin Nasution who was also present at the press conference had
revealed details of the MACC letter, by reading it to the press.
The report quoted Saifuddin saying that PKR had received the letter
on October 23, in which MACC had specifically highlighted the name of
the offender, the offence committed, the date as well as the venue where
the alleged incident took place, together with details of those who had
been questioned on the matter.
According to the report, Zakaria had allegedly offered an RM20,000
from the Works Ministry, and the incident reportedly happened during the
run-up to the party election, when Zakaria was vying for a seat in the
MPP.
“There is also a statement of claim by the DPP who recommended that action be taken against Zakaria.
“After reading the contents of the letter, do you think we should
apologise?” Saifuddin reportedly asked, adding that a letter has also
been sent to Zakaria, and the latter has two weeks to appeal his
expulsion.
“We have been through many episodes, we are prepared to face
anything,” Saifuddin was quoted saying, when reportedly asked if PKR is
prepared for a split, owing to factional wars within the party.
On November 24, PKR sacked Zakaria and fellow party member Ismail Dul
Hadi, after the party received an October 23 letter from the MACC on
allegations of corruption and bribery against the duo in relation to
last year’s party elections.
PKR disciplinary board chairman Datuk Ahmad Kassim announced the
party’s central leadership committee’s (CLC) decision to sack them with
immediate effect in line with the party’s zero compromise on corruption,
saying that the duo would be notified in writing and will have the
right to appeal to the party president against the decision.
PKR communications director Fahmi Fadzil said that MACC had in the
letter asked the party to take appropriate action following the
anti-graft body’s investigations of both Zakaria and Ismail in relation
to alleged corruption, declining to provide details of the
investigations which he said was confidential.
However, the MACC later admitted that it erred in notifying PKR about suspicions of corruption involving two of its members.
MACC deputy chief Datuk Seri Azam Baki clarified that the MACC is
only required to notify government bodies and not political parties.
“MACC admits that there has been an error made by the MACC Report
Division chief through a letter to that party that suggested
disciplinary action for breaching the party’s code of ethics,” Azam said
in a brief statement to Malay Mail.
He was responding to queries over whether MACC could propose to
political parties to take disciplinary action against their members over
suspected wrongdoing, following the expulsions.
However, Anwar defended the recent expulsions, adding that internal
action was taken against the duo to show his party’s commitment to
battling corruption, even after the MACC conceded it erred in issuing a
letter to PKR about the matter.
Anwar said both Zakaria and Ismail can still appeal against their sacking. - Malay Mail, 30/11/2019
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