Wednesday, December 29, 2021

Azam Baki (innocent until proven guilty) but suitability to remain MACC chief??? Terence (MACC Panel member) 'quits'

It is crucial that anti-corruption law enforcers are corruption free and also law abiding

Any complaints and/or even 'suggestions' of law breaking must be acted on speedily...Procrastination and delays at acting fast is embarrassing and will not be tolerated. 

Here, Dr Terence Gomez, tenders his resignation as a member of MACC's Consultation and Corruption Prevention Panel when the Chairperson of the MACC's Consultation and Corruption Prevention Panel failed to even call a meeting of the Panel to discuss this matter...despite a request by him(a member of this MACC Panel)...Panel decides or Chairman decides unilaterally?

Should he/she have sat in this MACC Panel quietly until his term of office ends - collecting whatever allowances/remunerations he received OR should he/she acted like Terence Gomez?? Sadly, many would simply stay 'silent' - be a 'good boy/girl'...maybe even be later rewarded Datukship, some title, etc? 

I say, if you are NOT BRAVE enough to carry out your public duties without fear or favor, then do not even accept the appointment...or...or... maybe RESIGN as Terence did?

Wonder what is the position of all the OTHER members of MACC's Consultation and Corruption Prevention Panel -YBhg. Tan Sri Borhan Dolah (Chairman),YBhg. Dato' Manja Ismail,YBhg. Datuk Prof. Dr. Azizan Baharuddin,YBrs. Prof. Dr. Edmund Terence Eric Boniface Gomez,YBhg. Dato' Chamil Wariya,YBhg. Datuk Freddie Fernandez,YBrs. Saudara Jufitri Joha,YBhg. Dato' Dr. Siti Norlasiah Ismail,YBrs. Cik Norita Che Ali,YBhg. Dato' Nadzim Johan,YBhg. Datuk Md Yusof Md Aslam,YBhg. Dato' Baljit Singh Sidhu,...

Now, 'The Consultation and Corruption Prevention Panel is appointed administratively by the Prime Minister..'

What will Prime Minister Ismail Sabri do? Accept the RESIGNATION or refuse it....we shall see

The Chairman of the Consultation and Corruption Prevention Panel, sadly came out, rebutting the allegations - saying things about 'my' Panel, jurisdiction/responsibilities....'"I do not want my committee to be involved in any political influence; and if there is political pressure on my panel to use them (panel members), I have to stop that..."He should know this. When he was in the panel, Gomez was not clear in the issue and he wanted to bring the issue involving Azam and this is a new (issue), which was just raised in December, not November....""So I don't want to be involved in any political claims. I understand you have a certain amount of politician-inclination, but don't bring that to my panel. Don't bring any political interest issues," Borhan said.

Chairman seems 'confused' about his role and duties --- FIRST, he is just the Chairman, who should just be calling and chairing panel discussions and decision making -  so, his 'individual' opinion/views matter not - it is the decision of entire MACC's Consultation and Corruption Prevention Panel - so, all he had to do was to call for a meeting, and the Panel can decide what they will do as a whole ----democratically. By not speedily calling for a Panel meeting, did he 'abused' his power..???

What nonsense about 'political influence' - corruption and abuse of power is WRONG, done by the politician that appoint you, the one who is in the Opposition... whether a complaint is political or not is not the concern of the Chairman or the panel. 

The going around to determine whether the issue falls within the jurisdiction of the Panel or not is also wrong - that is for the Panel to independently determine...Remember, you were appointed by the Prime Minister ...not MACC, not the Advisory Board ...not the Secretariat

Is the Panel, and the various other Commissions 'confused'? 

Does this issue that Terence raised come within the ambit/jurisdiction/terms of the Panel? I would say 'YES", as Terence was raising about matters that had come out in public(media, Parliament) - and there was a lack of action by MACC, ... and this CCPP is duty bound to advise the Commission, and even bring certain matters to the attention of the Advisory Board - in terms of education .... (look at the terms)

Terms Of Reference Consultation and Corruption Prevention Panel (CCPP):- 

  1. To advise the Commission, in enhancing the effectiveness of inspection and consulting activities upon the practices, systems and work procedures of both the public and private sectors  which may be conducive to the occurrence of corruption;
  2. To advise the Commission, in enhancing the effectiveness of public education activities towards increasing the awareness on corruption and support on anti-corruption efforts;
  3. To advise the Commission, in enhancing the effectiveness of anti-corruption activities through the mechanism of strengthening integrity in both the public and private sector;
  4. To advise the Commission on some of the best practices in the fields related to the implementation of consultation and anti-corruption activities;
  5. To assist the Commission as the key communicator in garnering support from the public, the media and the sectors identified towards the prevention efforts by the Commission; and 
  6. To submit its comments on the Commission’s undertaking of its function on consultation and anti-corruption under the MACC Act 2009 to the Anti-Corruption Advisory Board.

Did the Chairman even bring to the attention of the Panel the fact that Terence want a meeting and for what issues - did he get the opinion of the other panel members to have or not to have a meeting and the WHYs?

In my opinion, the 1st thing the Prime Minister have to do is to APPOINT A NEW CHAIRMAN - who understands the democratic nation of such a 'panel'. The chair calls for meetings - and all decisions are democratic decisions ...

2nd - The Prime Minister should not accept Terence's resignation - maybe even appoint him as the new Chairman. 

At the end of the day, the Consultation and Corruption Prevention Panel (CCPP) has little power - they can generally only ADVISE the Commission(MACC) - the CCPP should have already ADVISED the MACC to investigate MACC Chief Commissioner Tan Sri Azam Baki, and ask the investigated to be removed of all positions of decision making, investigations... and, how this should be done. In this case, CCPP had a very BIG role, don't you think?

I hope this government do not simply form and have 'name sake' Commissions, Panels, Task Force, Commission of Inquiries - but REAL ones with people therein who are independent and will carry out their duties without fear or favour...

LESSONS LEARNED - which is bad? We must do the needful to un-learn bad lessons

## There is NO USE to make complaints to the MACC, especially when the suspected perpetrator is one of their own. If Terence(a MACC panel member) is treated this way - what about ordinary members of the public....there may be other lessons ...but most a BAD lessons..

In this case, problem also may lie with Borhan Dolah [Chairman MACC's Consultation and Corruption Prevention Panel] but also Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s Anti-Corruption Advisory Board....What did they do after being informed by Terence?

Let's not forget Chief Commissioner Tan Sri Azam Baki - should he be suspended pending investigation? Who will investigate - one possibility existing is the EAIC [Enforcement Agency Integrity Commission]

Thank you Terence for bring these matters to our attention...

 


 


Terence Gomez quits MACC panel in protest

He addressed his resignation letter to Borhan Dolah, chairman of the MACC's Consultation and Corruption Prevention Panel, after its failure to act promptly on reports involving the MACC chief

2,880 views
Terence Gomez quits MACC panel

Dear Tan Sri Borhan,

Resignation

This is to inform you that I am resigning from my position as a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC).

My reason for submitting this resignation is my grave concern that you, as chairman of the Consultation and Corruption Prevention Panel, have not convened a meeting to discuss a critical issue of national interest that I had brought to your attention one month ago.

This serious matter involves two reports by the Independent News Service, entitled “Business Ties Among MACC Leadership: How Deep Does It Go?” (Parts 1 and 2), published on 26 October 2021. These reports, among other things, raise disturbing questions about the “nexus between business and law enforcement” and a “conflict of interest” situation involving MACC Chief Commissioner Tan Sri Azam Baki, including if he had declared his extensive ownership of corporate stock as required by law. Equally disturbing is these reports’ further claim that a former MACC chief commissioner was involved in a conflict-of-interest situation, suggesting a trend in this institution that must be investigated promptly.

When these reports were brought to my attention, I wrote to you on 12 November 2021 asking that you convene a meeting of our Consultation and Corruption Prevention Panel to discuss this matter. You responded immediately stating that you would call for a meeting and that you would ask the MACC’s administrative staff to organise it.

Two weeks later, on 26 November, I wrote to you again, this time attaching more information that I had received about the business links of Tan Sri Azam’s family. I stressed that this information that I had received was deeply troubling as it was based on extensive research. The author of these reports had also listed her name, indicating she was available to discuss this matter with the Consultation and Corruption Prevention Panel. I also brought to your attention an editorial in the Independent News Service, that its website had been hacked after its reports on the MACC were published. I did not receive a response from you to this letter.

On 14 December 2021, a month after I first brought this matter to your attention, I wrote once more to you. I mentioned that I had not received your response to my second latter, on 26 November, in spite of the urgent matter at hand that we, the members of the Consultation and Corruption Prevention Panel, had to discuss. I then stated that if I did not hear from you that I would have to submit my resignation from the Consultation and Corruption Prevention Panel.

It is now two weeks since I sent you this letter. I have no choice but to submit my resignation, which should be seen as my protest at the delay on your part, as chairman of the Consultation and Corruption Prevention Panel, to convene a meeting to discuss an issue that this panel is duty-bound to review. Since we, the members of this panel, have discussed during previous meetings the necessity to educate the public on the repercussions of corruption and how imperative it is for us to evaluate corruption-based issues brought to our attention by whistleblowers, as well as the need to protect them for doing so, I find this delay to convene a meeting unconscionable, even extremely irresponsible. Moreover, by not acting on these reports involving the sitting chief commissioner of the MACC, this inaction by us, advisors to this anti-corruption institution, constitutes a serious dereliction of duty to the nation.

As you are aware, I have written on this matter to Tan Sri Abu Zahar bin Dato’ Nika Ujang, chairman of the MACC’s Anti-Corruption Advisory Board. I have now written to Tan Sri Abu Zahar on three occasions, providing him with the same information that I sent you. I have proposed to Tan Sri Abu Zahar that I attend the meeting of the Advisory Board to present these reports to its members. Tan Sri Abu Zahar has not responded to my letters. It may well be that he has not received these letters, but I have been assured by another member of the board that this is not the case. I am also extremely disappointed that the Advisory Board has not met to discuss this matter, even after it was brought up in Parliament on 14 December 2021 and widely reported in the media.

I note too that Tan Sri Azam has not made a public statement about the two well-publicised reports by the Independent News Service, nor has he responded to public statements made by parliamentarians about his business interests. This deafening silence on the part the chief commissioner, although a serious allegation has been made about his conduct, further indicates why the Advisory Panel as well as the Consultation and Corruption Prevention Panel should meet to discuss this matter.

Since you are reluctant to act on this matter, one of evident national importance, I will be sending a copy of my letter of resignation to the newspapers. I fear that unless the media is informed of this matter and publicises the issue, there will be no attempt by the chairmen of the Consultation and Corruption Prevention Panel and the Advisory Board to act on the allegations about Tan Sri Azam to ensure the integrity of the MACC is protected. Given the scale and scope of allegations of corruption in Malaysia, it is imperative that we ensure that the MACC is led by officers whose credibility is not in question.

I deeply regret that I have not been able to convince you and Tan Sri Zahar to act promptly and openly on this matter. I had hoped that I could have contributed to a joint effort by us, the members of the Consultation and Corruption Prevention Panel and the Advisory Board, to look into these allegations and determine how we can ensure that the integrity and credibility of the MACC is protected.

Yours sincerely,

Dr Edmund Terence Gomez

cc

  • Dato’ Sri Ahmad Khusairi Yahaya, Deputy Chief Commissioner (Operations)
  • Dato’ Junipah Wandi, Deputy Chief Commissioner (Management and Professionalism)
  • Datuk Seri Norazlan Mohd Razali, Deputy Chief Commissioner (Prevention)
  • Tan Sri Abu Zahar bin Dato’ Nika Ujang, Chairman, Anti-Corruption Advisory Board- ALIRAN
 
 
Don resigns from MACC panel in protest of inaction against Azam Baki
Published:  Dec 27, 2021 10:02 PM
Updated: Dec 28, 2021 6:32 PM

A member of the MACC’s Consultation and Corruption Prevention Panel, Edmund Terence Gomez, has resigned in protest of the panel’s inaction against MACC chief commissioner Azam Baki’s alleged ownership of close to two million shares in a public listed company.

Gomez (above) said he had first brought the matter to the attention of the panel’s chairperson Borhan Dolah on Nov 12 and had urged him to convene a meeting to discuss the “critical issue of national interest”.

Though Borhan had initially responded immediately and agreed to convene the panel, the meeting never materialised.

Gomez said he wrote two more times to Borhan about this matter and had attached more information he received about the business links of Azam’s family.

He had also noted to Borhan that the website that had first published the allegations against Azam had been hacked after the articles were uploaded.

However, he did not receive any responses to either of the letters.

Forced to submit resignation

His last letter to Borhan was on Dec 14, in which he said he would be forced to submit his resignation from the panel if he did not hear from Borhan on this matter.

“It is now two weeks since I sent you this letter.

“I have no choice but to submit my resignation which should be seen as my protest at the delay on your part, as chairperson of the Consultation and Corruption Prevention Panel, to convene a meeting to discuss an issue that this panel is duty-bound to review.

“Moreover, by not acting on these reports involving the sitting chief commissioner of the MACC, this inaction by us, advisers to this anti-corruption institution, constitutes a serious dereliction of duty to the nation,” Gomez said in his resignation letter to Borhan – dated Dec 27, 2021 – which was sighted by Malaysiakini.

Gomez, who is a professor of political economy at Universiti Malaya, also described the delay in convening a meeting on this issue as being “unconscionable” and “extremely irresponsible”.

Malaysiakini has contacted Azam for comments. 

R Sivarasa filed an urgent motion seeking the Dewan Rakyat to discuss Azam Baki's alleged ownership of close to two million shares in a public listed company

Previously, Sungai Buloh MP R Sivarasa had filed an urgent motion seeking the Dewan Rakyat to discuss Azam’s alleged ownership of close to two million shares in a public listed company.

Sivarasa had alleged that between 2015 and 2016, when Azam was the MACC’s investigation director, he had become the owner of 930,000 shares in Gets Global Bhd as at April 30, 2015 and a further 1,029,000 shares as at March 31, 2016.

The MP also claimed that, as of March 21, 2016, Azam also owned 2,156,000 warrants in public listed Excel Force MSC Bhd, while his younger brother owned 3,728,000 shares in Gets Global.

Sivarasa had noted that public servants are barred from owning more than RM100,000 value of shares in any company.

Public officers are also required to declare all their assets to their heads of departments under the Public Officers (Conduct and Discipline) Regulations 1993.

Conflict-of-interest

In his resignation letter, Gomez had also said it was “equally disturbing” that there were reports claiming a former MACC chief commissioner was also involved in a conflict-of-interest situation.

This suggests a trend in the MACC institution that must be investigated promptly, he said.

Gomez said he has also written to MACC’s Anti-Corruption Advisory Board chairperson Abu Zahar Nika Ujang on three occasions, providing Abu Zahar with the same information he provided Borhan.

Abu Zahar has not responded to his letters.

“I am also extremely disappointed that the advisory board has not met to discuss this matter, even after it was brought up in Parliament on Dec 14 and widely reported in the media,” Gomez said.

He also noted that Azam has yet to respond publicly to the allegations against his business interests.

“This deafening silence on the part of the chief commissioner, although a serious allegation has been made about his conduct, further indicates why the advisory panel, as well as the Consultation and Corruption Prevention Panel, should meet to discuss this matter,” he said.

Gomez said he “deeply regrets” that he was not able to convince Borhan and Abu Zahar to act on this matter.

He added that he had hoped he could contribute to a joint effort to look into the allegations and determine how the integrity and credibility of the MACC can be protected. - Malaysiakini, 27/12/2021

Chairman shoots down Gomez's claim on MACC panel's inaction

KUALA LUMPUR: Malaysian Anti-Corruption Commission's (MACC) Consultation and Corruption Prevention Panel has shot down claims by a former member that it is not acting on the corruption allegations against chief commissioner Tan Sri Azam Baki.

Its chairman Tan Sri Borhan Dolah said the panel's function was on consultation and prevention of corruption, and not matters concerning the abuse of power by civil servants.

Borhan said it was within former panel member, Prof Dr Edmund Terrence Gomez's right to resign from the panel.

However, he said Gomez's letter of resignation should be addressed to the Prime Minister as all the committee members were appointed by the premier and endorsed by Yang di-Pertuan Agong.

"The function of our panel is consultation and corruptions prevention and (it has) nothing to do with civil officers abusing their powers to be discussed in our panel.

"There is no so-called necessity for us to have a meeting just to discuss the issue concerning the chief commissioner because he is a civil servant.

"According to the civil servant procedure, if there has been an abuse of power or action involving any civil servants, it will be under the purview of Public Service Department director-general Tan Sri Mohd Khairul Adib Abd Rahman.

"If there are any complete documents (on the matter), then it can be directed to Tan Sri Adib so he can take appropriate action, but not to us," Borhan said when contacted by the New Straits Times.

He further explained that in an initial email sent by Gomez in November, the latter had mentioned that the MACC was badly criticised by the public following several corruption cases involving the commission.

Borhan said the panel would assist the commission if needed, and this would be done within the scope of the panel, which is consultation and prevention.

"I told him that I would consider it and I contacted the MACC secretariat for an opinion as this was not within the jurisdiction of the panel.

"There are four panels led by MACC Anti-Corruption Advisory Board chairman Tan Sri Abu Zahar Nika Ujang and these respective panels have their own terms of reference."

Borhan also questioned why Gomez's resignation letter must bring up the allegation against Azam, who is a public servant.

"Why did you bring the issue concerning Azam upon your resignation? You should know how civil servants are being addressed. Why bring it up to the panel?

"I do not want my committee to be involved in any political influence; and if there is political pressure on my panel to use them (panel members), I have to stop that.

"He should know this. When he was in the panel, Gomez was not clear in the issue and he wanted to bring the issue involving Azam and this is a new (issue), which was just raised in December, not November.

"So I don't want to be involved in any political claims. I understand you have a certain amount of politician-inclination, but don't bring that to my panel. Don't bring any political interest issues," Borhan said.

Yesterday, Gomez, who is an economist, resigned from the MACC's Consultation and Corruption Prevention Panel in a letter addressed to Borhan.

Gomez said his resignation was a sign of protest over the panel's lack of action following the allegations against Azam owning close to two million shares in a public listed company.

On Dec 14, Sungai Buloh member of parliament Sivarasa Rasiah had filed an urgent motion seeking the Dewan Rakyat to discuss Azam's alleged ownership of close to two million shares in a public listed company. - New Straits Times, 28/12/2021

 

27 December 2021, Letter of Resignation to Tan Sri Borhan Dolah,Chairman Consultation and Corruption Prevention Panel Malaysian Anti-Corruption Commission

"This is to inform you that I am resigning from my position as a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC). My reason for submitting this resignation is my grave concern that you, as Chairman of the Consultation and Corruption Prevention Panel, have not convened a meeting to discuss a critical issue of national interest that I had brought to your attention one month ago. This serious matter involves two reports by the Independent News Service, entitled “Business Ties Among MACC Leadership: How Deep Does It Go?” (Parts 1 and 2) (https://theinsnews.com/postview/757-business-ties-among-macc-leadership-how-deep-doesit-go-part-1 and https://theinsnews.com/postview/758-business-ties-among-macc-leadershiphow-deep-does-it-go-part-2), published on 26 October 2021. These reports, among other things, raise disturbing questions about the “nexus between business and law enforcement” and a “conflict of interest” situation involving MACC Chief Commissioner Tan Sri Azam Baki, including if he had declared his extensive ownership of corporate stock as required by law. Equally disturbing is these reports’ further claim that a former MACC Chief Commissioner was involved in a conflict-of-interest situation, suggesting a trend in this institution that must be investigated promptly. When these reports were brought to my attention, I wrote to you on 12 November 2021 asking that you convene a meeting of our Consultation and Corruption Prevention Panel to discuss this matter. You responded immediately stating that you would call for a meeting and that you would ask the MACC’s administrative staff to organize it. Two weeks later, on 26 November, I wrote to you again, this time attaching more information that I had received about the business links of Tan Sri Azam’s family. I stressed that this information that I had received was deeply troubling as it was based on extensive research. The author of these reports had also listed her name, indicating she was available to discuss this matter with the Consultation and Corruption Prevention Panel. I also brought to your attention an editorial in the Independent News Service, that its website had been hacked after its reports on the MACC were published (https://theinsnews.com/postview/664-a-freepress-must-be-protected-at-all-cost). I did not receive a response from you to this letter. On 14 December 2021, a month after I first brought this matter to your attention, I wrote once more to you. I mentioned that I had not received your response to my second latter, on 26 November, in spite of the urgent matter at hand that we, the members of the Consultation and Corruption Prevention Panel, had to discuss. I then stated that if I did not hear from you that I would have to submit my resignation from the Consultation and Corruption Prevention Panel. It is now two weeks since I sent you this letter. I have no choice but to submit my resignation which should be seen as my protest at the delay on your part, as Chairman of the Consultation and Corruption Prevention Panel, to convene a meeting to discuss an issue that this panel is duty-bound to review. Since we, the members of this panel, have discussed during previous meetings the necessity to educate the public on the repercussions of corruption and how imperative it is for us to evaluate corruption-based issues brought to our attention by whistle-blowers, as well as the need to protect them for doing so, I find this delay to convene a meeting unconscionable, even extremely irresponsible. Moreover, by not acting on these reports involving the sitting Chief Commissioner of the MACC, this inaction by us, advisors to this anti-corruption institution, constitutes a serious dereliction of duty to the nation. As you are aware, I have written on this matter to Tan Sri Abu Zahar bin Dato’ Nika Ujang, Chairman of the MACC’s Anti-Corruption Advisory Board. I have now written to Tan Sri Abu Zahar on three occasions, providing him with the same information that I sent you. I have proposed to Tan Sri Abu Zahar that I attend the meeting of the Advisory Board to present these reports to its members. Tan Sri Abu Zahar has not responded to my letters. It may well be that he has not received these letters, but I have been assured by another member of the Board that this is not the case. I am also extremely disappointed that the Advisory Board has not met to discuss this matter, even after it was brought up in parliament on 14 December 2021 and widely reported in the media. I note too that Tan Sri Azam has not made a public statement about the two wellpublicized reports by the Independent News Service, nor has he responded to public statements made by parliamentarians about his business interests. This deafening silence on the part the Chief Commissioner, although a serious allegation has been made about his conduct, further indicates why the Advisory Panel as well as the Consultation and Corruption Prevention Panel should meet to discuss this matter. Since you are reluctant to act on this matter, one of evident national importance, I will be sending a copy of my letter of resignation to the newspapers. I fear that unless the media is informed of this matter and publicizes the issue, there will be no attempt by the Chairmen of the Consultation and Corruption Prevention Panel and the Advisory Board to act on the allegations about Tan Sri Azam to ensure the integrity of the MACC is protected. Given the scale and scope of allegations of corruption in Malaysia, it is imperative that we ensure that the MACC is led by officers whose credibility is not in question. I deeply regret that I have not been able to convince you and Tan Sri Zahar to act promptly and openly on this matter. I had hoped that I could have contributed to a joint effort by us, the members of the Consultation and Corruption Prevention Panel and the Advisory Board, to look into these allegations and determine how we can ensure that the integrity and credibility of the MACC is protected. Yours sincerely, Dr Edmund Terence Gomez c.c. Dato’ Sri Ahmad Khusairi Yahaya, Deputy Chief Commissioner (Operation) Dato’ Junipah Wandi, Deputy Chief Commissioner (Management & Professionalism) Datuk Seri Norazlan Mohd Razali, Deputy Chief Commissioner (Prevention) Tan Sri Abu Zahar Bin Dato’ Nika Ujang, Chairman, Anti-Corruption Advisory Board" --27 December 2021 Letter of Resignation to Tan Sri Borhan Dolah,Chairman Consultation and Corruption Prevention Panel Malaysian Anti-Corruption Commission

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