When recently some members of PKR were terminated by reasons including allegedly a letter from MACC(Malaysian Anti-Corruption Commission), stating that they were being investigated(or going to be charged) for some corruption offences, I believe MACC should not have done that.
MACC, Police and/or other enforcement agencies has a duty to investigate, and if there is sufficient evidence, charge a person in court. Then, after a fair trial the courts will decide on the guilt or innocence of the accused person. - IT IS NOT THE ROLE OF MACC TO ASK A SOCIETY/EMPLOYER TO TAKE DISCIPLINARY ACTION AGAINST A MEMBER/EMPLOYEE... MACC, if there is evidence, should just charge a person in court....
Was similar recommendations given to police by MACC, i.e. to take 'disciplinary actions' ...and is that the reason many police and/or other public servants are not being charged and tried in court for corruption? I wonder... If the law is broken, government party members or public servannts must be charged in court like evryone else - no special treatment like simply facing internal disciplinary actions?
Enforcement agencies have a duty to keep the complainant(or maker of the complaint/police report) informed of what has happened with the report/complaint...So, was PKR the complainant or the maker of the police report - and that is the reason why MACC informed PKR the status of its investigation? If not, why did MACC send PKR that letter?
Is it the new policy to send such letters to all societies, and maybe even employers that their members/employees are being investigated ...or the result of the investigations...or the fact that they may be charged...? EXPLAIN MACC...
The MACC 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, Saifuddin told reporters....Quoting from the MACC letter, which was sent to the party on Oct 23, he said Zakaria was alleged to have told members that the project was part of a RM300,000 allocation by the housing and local government ministry.“MACC’s prosecutors have deliberated on this case and had recommended that action be taken against Zakaria and Ismail under the party’s disciplinary and ethics code,” Saifuddin said. “So, what do we do? This is a comprehensive report by the MACC, after it was referred to the deputy public prosecutor.”...Saifuddin said PKR’s disciplinary board had deliberated on the MACC letter “and decided we ought to carry out a decision as recommended by the MACC”.
Or is this letter a 'special treatment' because PKR is one of the Pakatan Harapan parties that now form the government of Malaysia - if so, then it is very wrong.
The fact that the police or the MACC believe that someone has broken the law is IRRELEVANT - everyone is presumed innocent until after a fair trial the court finds him/her guilty. Employer cannot terminate an employee because he is been charged in court - only a conviction may be a basis for termination. With political parties/societies, it really depends on the said party/society although justice would say only a conviction may be valid ground for termination.
Now, Deputy Chief Commissioner admits that the letter was a mistake...
After the pair’s sacking was revealed last week, MACC deputy chief commissioner Azam Baki admitted that a letter recommending disciplinary action had been mistakenly sent to PKR. Azam said it was not MACC’s responsibility to advise political parties.
So now, the question that remains is...
1- Who exactly send that letter from MACC?
2- Did the MACC Chief and/or the Deputy authorize the sending of the letter?
WHY? Because swift action must be taken against the officer who send that MACC letter and/or any who authorized the sending of such a letter?
RISK that Government and MACC may be sued by the affected - for they have suffered by reason of the MACC letter - for PKR claims something like they sacked based on MACC's letter...on MACC's suggestion to take disciplinary action ...and now MACC has admitted its mistake...
It is best that action, including criminal action, be taken immediately against the person who sent the letter and/or those who authorized the sending of that letter using the MACC letterhead... for it was certainly not within the duties/work of an MACC officer...
What does the MACC Chief say? What is the Attorney General's advise on this matter?
What happens within PKR and it members is an issue for the party and its members - this is not really a matter of public interest BUT what that MACC officer/s did is a very serious matter for Malaysians as it affects the credibility of the MACC itself...
It is sad that our Media seems to be giving way too much coverage to the internal problems of political parties and not enough coverage to many other matters that affect us in Malaysia...
MACC letter links sacked pair to projects, says PKR
GEORGE TOWN: Allegations about projects and two recently sacked PKR
members were contained in a letter from the Malaysian Anti-Corruption
Commission, PKR secretary-general Saifuddin Nasution Ismail said today.
Saifuddin defended the dismissal of Central Leadership Council (MPP)
member Zakaria Hamid and ordinary member Ismail Dulhadi, saying there
were no apologies for the party doing the right thing after finding out
about the corruption allegations.
Party president Anwar Ibrahim, speaking to reporters separately here,
disputed the contents of a letter demanding that he apologise for the
sacking. He said two vice-presidents who signed the letter had said that
the draft that they saw had not contained the demand for an apology.
The MACC 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, Saifuddin told reporters.
Quoting from the MACC letter, which was sent to the party on Oct 23,
he said Zakaria was alleged to have told members that the project was
part of a RM300,000 allocation by the housing and local government
ministry.
“MACC’s prosecutors have deliberated on this case and had recommended
that action be taken against Zakaria and Ismail under the party’s
disciplinary and ethics code,” Saifuddin said. “So, what do we do? This
is a comprehensive report by the MACC, after it was referred to the
deputy public prosecutor.”
After the pair’s sacking was revealed last week, MACC deputy chief
commissioner Azam Baki admitted that a letter recommending disciplinary
action had been mistakenly sent to PKR. Azam said it was not MACC’s
responsibility to advise political parties.
Saifuddin said PKR’s disciplinary board had deliberated on the MACC
letter “and decided we ought to carry out a decision as recommended by
the MACC”.
He said the case was unprecedented. “This is a new case. We have
never faced a report by MACC, giving us full details, comments and other
allegations. We thought we did not want to wait for the courts to
decide,” he said.
He said he had written to Zakaria (about the dismissal) and Zakaria would have two weeks to make an appeal.
Anwar disputes demand for apology, says two vice-presidents unaware of it
Anwar said two vice-presidents, Sivarasa Rasiah and Tian Chua, had
disputed the contents of a letter demanding that Anwar apologise for the
sacking.
The letter, signed by the deputy president Azmin Ali, was supported by 20 members of PKR’s Central Leadership Council.
Anwar said that Sivarasa and Chua, both co-signers of the letter,
“had never agreed to the part asking me to apologise over the sacking”.
“That was not in the draft. This should not be played around. Not all is true.”
He said he had no objection to the other part of the letter urging
the disciplinary board to reconsider the sacking. “I do not have any
objection to that. For me, PKR was formed to fight abuse of power and
corruption.”
Anwar was here for the “Islam-Confucianism Civilisational Dialogue”
held at the Spice Arena. He and Chief Minister Chow Kon Yeow opened the
event, which was attended by Saifuddin, who is state assemblyman for
Pantai Jerejak. - FMT, 30/11/2019
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