Thursday, November 24, 2016

Mah Siew Keong and GERAKAN plans to get MACC to give their candidates 'corruption free' certification is wrong?

Mah Siew Keong and GERAKAN wants to enter into a 'pact'(an agreement?) with the MACC(Malaysian Anti-Corruption Commission) to vet its 45 MP and ADUN candidates for the upcoming General Elections? Is the MACC now making available such services for all Malaysians - political parties, companies, etc ... and those who pass such 'vetting' will get a 'Corruption Free Certification? Sounds like just like just getting the 'Halal' certification?

What is Mah and GERAKAN thinking trying to use the time and energy of MACC for a private benefit? Well, if you suspect a GERAKAN member of corruption, then make a report and MACC will investigate and take action. MACC is not there to serve GERAKAN and give any such 'corruption free certification'. Remember that it is not easy to prove corruption, and when there is insufficient evidence, the MACC nor the police seldoms declares anyone innocent...the file will remain open and when new evidence surfaces, that person may then be charged in court for the alleged crime..


It will be absurd for the MACC to give any person a 'corruption free' certification, for it is foolish for there may be new evidence or allegations that may surface later after - and what then will happen to the credibility of MACC when it must take action against someone that they gave a 'corruption free' certification?

MACC is an investigative body that weeds out corruption and acts against those who are guilty of corruption. You may ask MACC to come give you an education session about what is corruption but that is all..

As it is, I believe, that there is so much corruption cases, and the MACC and the police really do not even have sufficient resources to properly investigate all the different allegations..

Corruption is also complex, and it is not sufficient just to investigate within Malaysia - and MACC may need to also investigate in other foreign countries, and we know to do that they will need our Attorney General to give his permission under Mutual Legal Assistance(MLA) before ...but sadly, it has not been easy to get the AG to do the needful..

...The Malaysian Anti-Corruption Commission said it made several proposals and recommendations for action in the case, according to a statement Thursday. While it has completed investigations involving witnesses in the country, the MACC said it still needs permission from the attorney general to get documents and evidence from overseas financial institutions.
"This evidence can only be taken by the Mutual Legal Assistance process because it is tied to the provision of banking legislation of the country concerned," the agency said. "MACC has made an application under the MLA to attorney general to obtain documents and evidence." - Bloomberg Business, 31/12/2015, Malaysian Anti-Graft Agency Submits Probe Results of Najib Funds

A look at a later MACC statement issued on 24/2/2016, it seems to indicate that they still have not managed to get the MLA permission from the Malaysian AG. (Note this statement comes after it reported on 26/1/2016 in News Straits Times which stated amongst others, ‘Attorney-General Tan Sri Mohamed Apandi Ali said their investigation had showed that the prime minister had committed no wrongdoing in the cases. “I am satisfied that there was no evidence to show that the donation was a form of gratification given corruptly. “The evidence showed that the donation was not an inducement or reward for doing or forbearing in relation to his capacity as a prime minister,” he said. He said that investigation also showed that in Aug 2013, a sum of USD620 million (RM2.03 billion) was returned by Najib to the Saudi royal family, as the sum was not utilised...’

...Memandangkan siasatan SPRM berhubung dakwaan wang derma RM2.6 bilion masih belum lengkap, Panel telah mengesyorkan agar SPRM meneruskan siasatannya dan memohon Peguam Negara agar mengeluarkan kebenaran Bantuan Undang-undang Bersama (MLA) bagi SPRM memperoleh bukti dan dokumen-dokumen daripada institusi kewangan di luar negara sebagai sebahagian daripada siasatan ke atas isu RM2.6 bilion.
24 FEBRUARI 2016 [For full statement, see Malaysian Insider, MACC Statement, Justification for Blocking? AG's permission to get evidence?
The Malaysian Bar Resolution of 2016 [Malaysian Bar calls on Mohamed Apandi Ali to immediately resign as Attorney General, for the good of Malaysia..] may be helpful for a recollection of the events, but the point to be made here, is that investigation concerning corruption, needs many a time investigations not just in our country but also overseas - and at present, without the Attorney General's permission, this would most likely not happen.

In my opinion, it was an embarrassment when Malaysian investigative bodies did not discover the 'corruption', kleptocracy and wrongs involving Malaysia and a Malaysian government owned company first - and now, we have so many foreign countries not just investigating but also taking legal proceedings on this issue including the United States of America. It must be pointed out, that no country will generally commence legal proceedings and/or take action until they have sufficient evidence to prove their allegations...It was sad, that it was not the local media or investigative authorities in Malaysia that 'exposed' these possible wrongdoings..

I have also wondered why Najib returned the balance of the said unused 'donation' - that action also indicates that possibly he realized that receiving and using such monies was wrong - so, he tries to mitigate matters by returning the balance. 

It would have been better if there was first an apology, then the return of the monies, and a total accountability of what he did with the money. There should also have been an open disclosure of who was the donor, and the reason for the said donation. Of course, then we would have been able to investigate if the donor received any 'benefit' from Najib or Malaysian government directly or indirectly...[The allegation and charge faced by Penang Chief Minister Lim Guan Eng is of relevance...]     

Now, Mah and GERAKAN wants to give the impression that they are CLEAN - against corruption and such - they want to place candidates who are 'corruption free'. This is good but really is nothing new. 

All political parties would naturally vet all the candidates who will be standing as party candidates. They will want to be sure that these candidates are 'clean' and is scandal free, and as such it will be very bad for the name of the party that someting negative is revealed about their chosen candidate. 

What is new this time is that Mah and Gerakan now wants the MACC to vet and declare their candidates as 'corruption-free'. If MACC was a private investigative body, nothing will be wrong BUT MACC is a government body and that makes it very wrong. MACC is a government agency, operating on government funds - the Malaysian people's money...and, if they start vetting one party's candidates, there will be noting preventing evry other parties and even potential independent candidates asking them to do the same...No, the people's money and resources cannot be expended to help GERAKAN out - as it is we are all feeling the effects of 'shortage of funds' - subsidies being withdrawn, costs of healthcare is also embarrassingly when governments should be trying to strive for universal health care which is free..or there is a minimal charge. Neighbouring Thailand provides healthcare, which covers ward charges, surgery charges,etc for 30 Baht only (which is equivalent to slightly more than RM3). 

Will GERAKAN pay MACC for this service - well, if that happens would that not be wrong? Would it affect MACC's independence when it comes to some later investigation of alleged corruption charges against Mah, GERAKAN or some GERAKAN member(or friend)? It will be embarrassing also for MACC to be in a position of having to investigate and prosecute a person it gave a 'corruption free' certification.

If GERAKAN wants to, why don't they simply announce the names of their candidates - and ask for public feedback - so people who are aware of some involvement in corruption may give GERAKAN feedback...Well, that would take guts, would it not?

If GERAKAN wants to potray itself as being anti-corruption, against kleptocracy, etc - maybe, it should come out and make its position clear on the current issues involving our Prime Minister, 1MDB and related companies...but that may be risky, as the might find themselves ousted from the Barisan Nasional - after all, even top leaders who spoke out ended losing Cabinet positions, party positions and being expelled from the party...

GERAKAN and its members need to seriously think about what they should do for the future good of GERAKAN... Now, if the allegations floating around is found to be true...GERAKAN, may be considered not an 'innocent by-stander' but ... 

It is also shocking that MACC seems to be agreeing with such a suggestion by GERAKAN. It is OK for MACC to give talks, conduct training session - but it certainly should not be in the business of according 'corruption free' status to any person from political parties, companies, organisations, etc... 

Meanwhile, MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil, in commending Gerakan for their effort, said other political parties could also submit their list of candidates to ensure they were free of corruption.

- Just wondering whether the current MPs/Senators and ADUNs have been transparent about their income and other financial interest, and that of their close family members? Have they put these Declarations for all to see - maybe on their websites? 

- Sadly, a lot of alternative Opposition parties have also failed to do this for most of their MPs/ADUNs/ MP that did so is Dr Kumar Devaraj...maybe there were some others too..but most, I believe did not. I have been calling on Azmin and other wakil rakyat to do that - their failure may only suggest that there are things that they want to hide from the public...

Declaration of Assets - MB and Exco Members must declare their income and assets immediately on appointment - and thereafter periodically every 6 months... This must include those of spouse, children, siblings and family members. [In the event any project of the State government or its various entities are awarded to any company or entity which is any way connected to the MB, Exco Members or political leadership of the

Selangor, Azmin, Constitution Amendment, PKNS Scandal?, RM3 Billion,Open Letter by MI, Things to do ...?

PR parties, this information must be immediately disclosed.] - Selangor, Azmin, Constitution Amendment, PKNS Scandal?, RM3 Billion,Open Letter by MI, Things to do ...?

I have also recently proposed the same - in my proposal as to what needs to be done to prevent the allegations Malaysia faces now - 1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

GERAKAN may want to consider these proposals and adopt them...serious measures is needed to make Malaysia 'corruption free'... 

Really, it may be better for GERAKAN to ask MACC to investigate current MPs/ADUNs/Senators who they 'suspect' or have come across allegations of corruptions. These are 'wakil rakyat'...also considered public servants - so, even if there is a little doubt, that they may be involved in corruption - including also the 'cover up' of corruption - GERAKAN and Mah is duty bound to report them to MACC...


MACC to vet Gerakan candidates for GE14

Bernama     Published     Updated

The Gerakan party will enter a pact with the Malaysian Anti-Corruption Commission (MACC) to ensure that only corruption-free candidates are eligible to contest in the 14th general election.

Its president Mah Siew Keong said the agreement with MACC expected to be signed in January next year was to identify corruption-free candidates that would stand as party candidates for the 45 parliamentary and state seats.

"In the 13th general election, Gerakan contested in 11 parliamentary and 34 state seats," he told reporters after a briefing and dialogue session with the MACC at the party's headquarters in Kuala Lumpur today.

He said MACC would vet the candidates and make an announcement on those who had passed the MACC screening.

The party's central committee had decided that names of those who failed in the MACC screening would be removed from the Gerakan candidate list, he said.
Mah added that under the agreement, MACC would also hold anti-corruption programmes such as talks, training sessions and briefings for party leaders and potential candidates in strengthening integrity and to give members a better understanding of corruption issues.
He hoped all political parties would organise similar programmes with the MACC to overcome the people's negative perception of political parties.

Meanwhile, MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil, in commending Gerakan for their effort, said other political parties could also submit their list of candidates to ensure they were free of corruption.

"MACC has been helping political parties hold special courses for high level and grassroots members to make them aware of the role and responsibilities of MACC and at the same time work together to fight corruption," he said.

- Bernama

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