27 October, 2010

MACC Response to My Allegation..............brings up more question than any answer

By Teoh El Sen

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has rejected an allegation that it breached the law when it referred corruption suspects to their bosses instead of charging them in court.

Responding to Kedah Gerakan Youth chief Tan Keng Liang’s criticism over its recommendation to department heads to punish civil servants implicated in the Auditor-General’s 2008 Report, the commission today claimed that the measure it had taken was within the powers vested in it by the MACC Act of 2009.

"MACC denies allegations that it had failed to prosecute suspected corrupt civil servants implicated” in the Auditor-General’s report, it said.

Tan made the allegation in a posting on his blog last Saturday. It was his response to the MACC announcement that it had completed its investigations into cases mentioned by the Auditor-General.

In that announcement, the commission said three people had been charged in court and four reports had been submitted to department heads with proposed disciplinary action against the officers involved.

"MACC wants to clarify that the commission only conducts investigation on graft cases, abuse of power and mismanagement,” today’s statement said.

It added that the power to prosecute belonged to the director of its Legal Affairs and Prosecution Department.

"The decision and recommendation by that department was to submit reports to the relevant department heads for the purpose of disciplinary action. This is an administrative power that is vested upon MACC.”

Tan Keng Liang:
1. So, did the the 4 cases referred for disciplinary action against the government officers involved "graft cases, abuse of power and mismanagement?"
2. If yes, why did MACC's Director of Legal Affairs and Prosecution Department fail to prosecute the person involved in the 4 cases?
3. Isn't MACC's Director of Legal Affairs being part of MACC?
4. Did MACC refer these 4 cases to the Attorney General (AG) Department for prosecution?