Wednesday, May 17, 2023

Azam Baki MACC 'scandal" - Does the reappointment mean that PH saw nothing wrong with AB or MACC?


Azam Baki and MACC 'Scandal'  - the issue then was just not about whether he broke the LAWS and committed an offence. It was also whether there was a breach of PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993. 

Securities Commission came out saying no offence committed? What about the other law enforcement agencies..

Was there a  MISCONDUCT committed - how did the Disciplinary process go? Was the 'breach' not even dealt because the alleged perpetrator was Azam Baki, or was there a disciplinary process? Questions unanswered to date..

On the issue of shares, Azam maintained that he did not commit any wrongdoing nor was there a conflict of interest on his part and had explained to the anti-corruption advisory board panel on the matter.

“I explained to the panel that my trading account was used by my brother for his shares tradings and I have no interest nor have any part in this. The shares were bought in the open market and my brother had financed the purchases on his own,” said Azam.

“The shares of the companies which he purchased were not involved in any investigations carried out by the MACC. All the shares had been transferred to my brother's own trading account,” he added.


So, was there no MISCONDUCT because his 'share account' was used for his brother - and since really the shares were not his, the Public Officer did not commit any 'misconduct'. Hence, NEW DEFENCE for public officers - when caught with shares about the permissible limit, you can say it was really not yours although it was in YOUR account - it was my mom's, my sister's,....

Concluding that shares in one's OWN shares' account is not the belonging of the named owner is MOST DANGEROUS - so, will we next be hearing politicians claiming that monies in their personal bank account is not theirs - but their political party, or their charity, or their mothers, sisters, brothers... DANGEROUS...DANGEROUS...DANGEROUS...

Service Circular Number 3/2002 – Ownership and Declaration of Assets by Public Officials, which prevents a public servant from owning more than RM100,000 worth of shares in any company.- no response yet from the government about this...
The Azam Baki issue also raises concerns of the 5 statutorily provided mechanisms ... how effective it was? How does these Boards/Committees function? Can a member call for a meeting? Or does the Chair only have the power to call for a meeting?...

...the Anti-Corruption Advisory Board (ACAB), the Special Committee on Corruption (SCC) and Complaints Committee (CC) is made through the provision of the law while the Operations Review Panel (ORP) as well as the Consultation and Corruption Prevention Panel (CCPP) are established

It all started with Terence Gomez, a member of the Consultation and Corruption Prevention Panel (CCPP) wanting the Chairman of the CCPP to call for a meeting of the CCPP to discuss and decide on a certain issue - BUT, the said Chairman(Borhan Dolah), on his own, apparently decided not to call for a meeting - hence leading to Terence's resignation and the disclosure for his resignation.
So, now what does PM Anwar's reappointment of Azam Baki signify? ....more so since many issues are still outstanding? MACC may need an RCI to see how things can be improved? How the 'Check and Balance" mechanisms may be reformed - can a member get the Committee/Panel/... to meet or is the Chair 'all mighty' and can decide when there will be a meeting ...and what issues will be discussed...

Was there any 'DEAL'? Will MACC be 'compromised' after this reappointed?

Are we happy about how Anwar dealt with the 'Azam Baki MACC Scandal'?

 See earlier posts:-

Azam Baki - Termination in the Public Interest? Suspension pending Investigation? Result of police, MACC, LHDN investigation? Disciplinary Committee?

Know the misconducts so we can monitor police and public officers - PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993- full text of this Regulations for your viewing pleasure

MACC under Parliament purview - Already is, and Parliament failed to act? Did Parliament fail/procrastinate in the MACC issue?

Parliament Select Committee on MACC (19th Jan) - Broadcast LIVE, and investigate comprehensively not just Azam Baki but also Borhan, Abu Zahar and Terence Gomez?

PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993PU(A) 395/1993 - Where is report of actions, offenders and punishment?

Malaysian Anti-Corruption 'problems', 5 check and blance mechanisms, silence of the Parliamentarians' Special Committee on Corruption? 

Hiding identity using others' share trading account, bank account? The Azam Baki case raises concerns

 Did the SC just say OK for others to 'secretly' buy shares under the name of others when they suggested 'innocence' of Azam Baki?

Azam Baki reappointed MACC chief as govt satisfied with performance, says Anwar


Monday, 15 May 2023 12:52 PM MYT

PUTRAJAYA: Tan Sri Azam Baki was reappointed as the head of the Malaysian Anti-Corruption Commission (MACC) as the government is satisfied with his work leading the anti-graft agency, says Datuk Seri Anwar Ibrahim.

The Prime Minister said he had given the MACC as well as the Attorney General full authority to carry out their duties.

“From what I see, they have carried out their duties well,” he said on Monday (May 15).

The Prime Minister said the MACC under Azam’s leadership had taken action without fear or taking any sides.

“Never before in history have the offices of ministers been raided, compromises among certain officers been identified and action taken. In that capacity, we are continuing his service,” he added.

Azam, who turned 60 on May 12, was reappointed as the MACC chief commissioner for another year. - Star

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