Wednesday, March 06, 2024

Wan Saiful - not reporting a crime is an offence? MACC - will it investigate? Or...

One of the failings of Malaysian Parliamentarians, is that PEOPLE are simply not hearing their views/opinions. Some raise matters in Parliament, knowing they are SAFE from criminal actions or civil suits because of 'Parliamentary Privilege' -  Immunity of members from civil or criminal proceedings for anything done or said before the House
While debating the motion of thanks on the Royal Address on Wednesday (Feb 28), Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor) alleged that if he had thrown support behind Datuk Seri Anwar Ibrahim, he would be offered RM1.7mil in allocations, among others. 
“The repeated message was that I must support Tambun as Prime Minister and I would receive parliamentary allocations.

“They said allocations for government projects could also be distributed to my cronies. They know I’m having a hard time, with my wife also having cancer,” he said.

Wan Saiful also claimed that charges against him would be dropped if he pledged support. He is facing money laundering and corruption charges related to the Jana Wibawa project.

“They contacted me repeatedly until I decided to meet them one day,” he said, alleging that several meetings took place at hotels in Kuala Lumpur and Petaling Jaya.

“I had to entertain their requests, as they had the power and I didn’t know what they could do to me,” he said.

In my opinion, Wan Saiful should have REPORTED to the relevant law enforcement, be it the Police, MACC or other relevant bodies, about this crime or possible crime. 
 
A police report is VERY IMPORTANT, as this report also known as a First Information Report(FIR) is a requirement for the start of an investigation by police or law enforcement. The police/MACC/law enforcement can also file a FIR - In this case, after what Wan Saiful revealed in Parliament, it is more that likely that police and/or MACC have already filed the needed report(FIR) and the investigation into the alleged crime has begun, and now, if summoned, Wan Saiful must cooperate - and provide all needed information for the purposes of the investigation/s.

BUT, then let us consider the crime reporting obligations of a person in Malaysia, including public servants - should there be amendments in law, to reduce the requirements or BURDENS imposed on one who reports, allowing for the reporting of any crime, even one that he heard about but does not have any real evidence...
 
At present, Section 13 of the Criminal Procedure Code states
 
13  Public to give information of certain matters

(1) Every person aware-

(a) of the commission of or the intention of any other person to commit any offence punishable under the Penal Code or any other written law; or

[(a) Subs. Act A1521:s.3]

(b) of any sudden or unnatural death or death by violence or of any death under suspicious circumstances, or of the body of any person being found dead without its being known how that person came by death,

shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer or the nearest penghulu of the commission or intention or of the sudden, unnatural or violent death or of the finding of the dead body, as the case may be.

So, it is clear that Wan Saiful has indeed a reporting obligation of these crime/s. 
 
What is problematic with this section is the placement of 'burden of proving' or the maker of the police report. There should be no such burden - the purpose of a police report(or FIR) is to simply bring to the attention of the police(and/or relevant law enforcement bodies) the fact, or the SUSPICION/BELIEF that a crime may have been committed. FULL STOP. Then, the law enforcement will investigate ... IT is ABSURD to require a person reporting a crime with any burden whatsoever of proving the CRIME or proving what he reported to be true.
 
No one, not even lawyers, KNOW all the offences under the Penal Code and/or any other written law. So, the reporting obligation must be to report a crime one is aware, or suspects may have occurred - and the phrase 'the burden of proving which shall lie upon the person so aware,' must be deleted. Public report crimes or possible crimes, that they know or suspects may have occured - Then, relevant authority moves to INVESTIGATE.

Would Wan Saiful come out saying that he did not know whether what happened was an actual crime under the Penal Code or other laws in Malaysia? He may say, he knew that what happened is wrong and maybe unethical - but he did not know that it was a crime, so he did make any police reports?

Would Wan Saiful say that he did not report because he believed he could not fulfill the BURDEN of proving what he alleged, if he reported? 

That is why the law about obligation/duty of reporting crime or suspected crime need to be amended...

Interestingly, the law was amended with regard to public officers that may DETER or prevent the reporting of crimes/misconducts committed by Ministers or the seniors.. Yes, on about 2014 vide PENAL CODE (AMENDMENT) ACT 2014 , the following was introduced - where the penalty was so high - a fine of up to RM1 million???? Was keep quiet even if you know or suspect a crime the new policy???
203A  Disclosure of information

(1) Whoever discloses any information or matter which has been obtained by him in the performance of his duties or the exercise of his functions under any written law shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both.

(2) Whoever has any information or matter which to his knowledge has been disclosed in contravention of subsection (1) who discloses that information or matter to any other person shall be punished with fine of not more than one million ringgit, or with imprisonment for a term which may extend to one year, or with both.

There must be an  EXCEPTION added, that this duty/obligation of 'secrecy/confidentiality' does not apply for crimes/suspected crimes, or any misconduct/suspected misconducts. This will FREE public officers from having to KEEP QUIET even when a crime is committed by a Minister or another public officer, or others. We certainly do not want another 1MDB,...

Maybe, Anwar's PH-led coalition government will do the needful - unless ...

Can MACC compell Wan Saiful to lodge a report with regard to what he said in Parliament? 
 
Refer to HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 (REVISED 1988), where section 7 says as follows:-
 
7  Immunity of members from civil or criminal proceedings for anything done or said before the House

No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the House or any committee.

In my opinion, even if Wan Saiful does not make a report of crimes suspected or alleged, MACC cannot do anything to compel him to do so. MACC should have simply invited Wan Saiful to come file a report...maybe he would have done so. 

However, since the matter is now public knowledge, MACC itself can file the need report(FIR) and begin investigations into the crimes alleged. And during the course of investigations, call Wan Saiful to come give evidence as a witness > whereby Wan Saiful will not be able to avoid this, and will have to attend and give a statement..
 
MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken....IT IS CORRECT, see Section 25 of the Act
 
25  Duty to report bribery transactions [MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]

(1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.

(2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(3) Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and if known, the name of the person who solicited, or obtained, or attempted to obtain, the gratification from him to the nearest officer of the commission or police officer.

(4) Any person who fails, without reasonable excuse, to comply with subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Now, it is reported that he had apologized - so, did Wan Saiful LIE? Will he now go and lodge a report at MACC? Will MACC continue with the investigation?
 
IF he did LIE, do we still want people who LIE as MPs? 

Best look at the Hansard on 5/3/2024 to determine what exactly happened.

Should MACC not investigate the case of the 6 BERSATU(or rather PN MPs) - was there corruption?


I was offered RM1.7mil in allocations to betray PN, says Wan Saiful
 
By GERARD GIMINO, MARTIN CARVALHO and And TEH ATHIRA YUSOF 

Wednesday, 28 Feb 2024 12:35 PM MYT 



Photo: Bernama

KUALA LUMPUR: A shouting match broke out in the Dewan Rakyat when an Opposition MP claimed he had been repeatedly induced to pledge support for the Prime Minister.

While debating the motion of thanks on the Royal Address on Wednesday (Feb 28), Datuk Wan Saiful Wan Jan (PN-Tasek Gelugor) alleged that if he had thrown support behind Datuk Seri Anwar Ibrahim, he would be offered RM1.7mil in allocations, among others.
 
“The repeated message was that I must support Tambun as Prime Minister and I would receive parliamentary allocations.

“They said allocations for government projects could also be distributed to my cronies. They know I’m having a hard time, with my wife also having cancer,” he said.

Wan Saiful also claimed that charges against him would be dropped if he pledged support. He is facing money laundering and corruption charges related to the Jana Wibawa project.

“They contacted me repeatedly until I decided to meet them one day,” he said, alleging that several meetings took place at hotels in Kuala Lumpur and Petaling Jaya.

“I had to entertain their requests, as they had the power and I didn’t know what they could do to me,” he said.

Government backbenchers then interjected, saying these were malicious accusations.

They added that if the accusations were true, Wan Saiful should lodge a report with the Malaysian Anti-Corruption Commission.

“Don’t hide behind immunity in the hall. Hold a press conference outside. You are making false claims,” said Chong Zhemin (PH-Kampar).

Speaker Tan Sri Johari Abdul then stepped in, saying Wan Saiful’s claims were seemingly hearsay.

“We cannot bring this into the hall.

“It’s always about what ‘they' said. You can’t do that,” Johari said, adding that he could not verify the validity of the matter.

Johari then instructed Wan Saiful to wrap up his debate so proceedings could continue. - Star, 28/2/2024

MACC: Wan Saiful given one week to report alleged bribe offer for supporting PM Anwar

MACC: Wan Saiful given one week to report alleged bribe offer for supporting PM Anwar
MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken. — Bernama pic

SEREMBAN, March 4 — The Malaysian Anti-Corruption Commission (MACC) is giving Tasek Gelugor MP Datuk Wan Saiful Wan Jan one week to lodge a report on his claim that several individuals have promised him rewards if he pledges support for Prime Minister Datuk Seri Anwar Ibrahim.

MACC chief commissioner Tan Sri Azam Baki said that under the MACC Act 2009, it is the responsibility of any individuals offered bribes to quickly report the offence so that further action can be taken.

“I cannot announce yet what action can be taken (if he fails to report). We are still waiting for his report; there are various possibilities (like summoning to MACC).

“Since he (Wan Saiful) has mentioned in the august House of Parliament about the alleged bribery (offer), he is obliged to make a report under Section 25 of the MACC Act 2009.

“He has to come to the MACC office; don’t expect MACC to bring him to the office,” he added.

He told reporters this after attending the Anti-Corruption Executive Talk with Negeri Sembilan state executive councillors and state assemblymen, including Menteri Besar Datuk Seri Aminuddin Harun, here today.

On the case of former prime minister Tan Sri Muhyiddin Yassin’s son-in-law Datuk Seri Muhammad Adlan Berhan, Azam said MACC had not yet discussed with the Attorney General’s Chambers the possibility of charging him in absentia.Azam had earlier said MACC was ready to charge Muhammad Adlan with criminal breach of trust but he could not be located and is believed to be still overseas.

Azam also said MACC had not received any reports against the current Negeri Sembilan state Exco members and state assemblymen. — Bernama, Malay Mail, 4/3/2024

Govt retracts motion to suspend Bersatu MP Wan Saiful after his open apology to Agong, PM in Parliament 

Govt retracts motion to suspend Bersatu MP Wan Saiful after his open apology to Agong, PM in Parliament 
During his turn to debate on February 28, Wan Saiful admitted that he did utter a paragraph which said, 'Corrupt meant abuse of power'. — Picture by Firdaus Latif

KUALA LUMPUR, March 5 — The government has retracted its motion to suspend Parti Pribumi Bersatu Malaysia (Bersatu) Tasek Gelugor MP Datuk Wan Saiful Wan Jan for six months.

This followed Wan Saiful’s explanation and retraction of his debate speech after he was given an opportunity by Dewan Rakyat Speaker Tan Sri Johari Abdul to clarify and retract contents of his speech delivered last week when debating the King’s speech in the House.

“Before I call on the Minister of Rural and Regional Development Datuk Seri Ahmad Zahid Hamidi to read out the motion, I would like to call on Tasek Gelugor to give him an opportunity to state his desire so that, to me, it is better for the country.

“I would like to give Tasek Gelugor a last chance to state what he initially wanted to say as discussed,” Johari told Parliament today.

During his turn to debate on February 28, Wan Saiful admitted that he did utter a paragraph which said, “Corrupt meant abuse of power”.

“After which, there was some disturbance. But I carried on, and I said, ‘Ampun Tuanku, that person who abuses his power, is granted an audience with Your Majesty, every week before the Cabinet meeting — that, I was directing it to Tambun (Prime Minister Datuk Seri Anwar Ibrahim).

“I did repeat that again on February 29, when Jelutong brought it up. I would like to retract the sentence and my statement, and I would like to apologise for that statement.

“I would like to humbly, because in the motion, if there were mistakes I made and touched on anything relating to the King, I would like to apologise for the statement. Thank you, Speaker; I hope you are able to make a fair deliberation,” Wan Saiful told Parliament during his brief explanation.

Johari then proceeded to accept the Tasek Gelugor MP’s apology and asked Parliament to move on from the incident.

“This means that Tasek Gelugor has apologised to Tambun and has retracted his statement, that’s one.

“Secondly, Tasek Gelugor has also sought to apologise to the King. For that I will accept, minister, I take it as we can resolve this matter since an open apology has been made, I hope minister you can accept this apology as well,” Johari said, while addressing Zahid in Parliament.

Zahid proceeded to retract the motion that was listed as first in the matters of the Order Paper today following Question Time.

“I would like to retract the motion stated as number one in the order of matters for today,” Zahid told Parliament.

Last Wednesday, the Dewan Rakyat Speaker had given a stern warning to all MPs in the Lower House to adhere to his orders or risk being suspended for six months.

He said this after repeatedly asking Wan Saiful to refrain from raising matters that were merely hearsay, but to no avail.

Wan Saiful, prior to Johari’s warning had claimed that he was repeatedly “offered rewards” in exchange for his support for the prime minister.

His claims sparked a ruckus in the Lower House and he was told by the Dewan Rakyat Speaker to refrain from drawing attention to matters that were merely hearsay.

This had also led Johari to warn all MPs of a six-month suspension should they disobey his orders not to bring political squabbles into the Lower House. - Malay Mail, 5/3/2024

 

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