Bernama | Jul 24, 11
Malaysiakini
Universiti Teknologi Mara (UiTM) law lecturer Assoc Prof Abd Halim Sidek said an investigation should be carried out on the allegation by the Bar Council that Teoh Beng Hock died due to the negligence of MACC officers named in the RCI report.
“If Teoh was driven to suicide as a result of the MACC officers’ action then they must be brought to court,” he said.
“I think the Bar Council president’s statement was premature and he jumped the gun. They must be patient and wait for the investigation,” he added.
Meanwhile a member of the Malaysian Anti-Corruption Commission (MACC) Consultation and Prevention of Corruption Panel, Syed Akhbar Ali, said the non-acceptance of the RCI conclusions by some could also be construed as disrespect for the laws of the country.
“I do not understand why they cannot accept the finding when the commission was formed on public demand and followed the due process of the law.
“If they accept when they like it and reject when it does not favour them then they are not respecting the commission,” he told Bernama today.
He was asked to comment on the statement by Bar Council President Lim Chee Wee that the body did not concur with the RCI’s decision that Teoh committed suicide because it was unsupported by facts and evidence.
He said it was up to the Bar Council to appeal or challenge the finding in court but if the outcome was the same, it should be accepted with an open mind.
Yet another committee?
Meanwhile the MACC has set up the Executive Transformation Committee to improve the quality of its operations.
The committee is a proactive step to heed the serious suggestions proposed by the Royal Commission of Inquiry (RCI) to investigate the death of political aide Teoh Beng Hock.
MACC Chief Commissioner Abu Kassim Mohamed heads the committee. Also in the committee are other members of the top management, MACC panels and legal experts.
According to a statement from the MACC Corporate Communications Unit today, the committee will also be responsible for enhancing performance, administration supervisory mechanism, monitoring and implementation of MACC structural, management reformation,
Investigation effectiveness, strengthening functional operation achievement through human resource development and boost forensic accounting investigation.
The statement said, the committee was aimed at refining MACC’s existing efforts to detect weaknesses and take immediate corrective measures towards improving the quality of MACC operations.
It also oversees the overall structure and reviews the current operation systems and procedures.
According to the statement, the committee comprises four of MACC’s top management staff, four existing committee and panel members and two legal experts.
Apart from Abu Kassim who will head the committee, other members are MACC deputy chief commissioner (operations) Mohd Shukri Abdul, deputy chief commissioner (management and professionalism) Zakaria Jaafar, deputy chief commissioner (prevention) Sutinah Sutan, corruption prevention advisory board member JS Rashpal Singh, Operation evaluation panel member Zamani Abdul Ghani, Corruption Prevention and Consultative Panel member Azman Ujang and two legal experts, namely immediate former Court of Appeal judge and MACC complaints committee chairman Mohd Nor Abdullah and immediate former Federal Court judge Abdul Kadir Sulaiman, who was also a member of the RCI.
The statement said a few local and foreign experts would also be brought into the committee to evaluate and implement the proposed improvements.
According to the statement, the Performance Management and Implementation Unit (Pemandu) will also be involved to assist the committee.
Teoh, who was political secretary to Selangor exco member Ean Yong Hian Wah, was found dead on the fifth floor corridor of Plaza Masalam in Shah Alam, Selangor on July 16, 2009 after giving statements at the Selangor MACC office located on the 14 floor of the building.
On Thursday, the RCI ruled that Teoh had committed suicide after aggressive and relentless interrogation by MACC investigating officers.
Make the RCI’s verdict of suicide as an issue in the coming polls and Gerakan(2 Parliamentary seats), mic(3 Parliamentary seats) and mca(15 Parliamentary seats) will be wiped off the map.==> at least an increase of 20 Parliamentary seats for Pakatan Rakyat
“..Yet another committee?
Meanwhile the MACC has set up the Executive Transformation Committee to improve the quality of its operations….”
Precisely. If we have the will to get things done all you need is one committed person to lead one committee. More committees just mean more efficiencies and more places to hide behind. The MACC should do away with all these rubbish committees used to hide behind or camouflage their inadequacies or wrongdoings. And who are the proposed members of the committee? Birds of a feather and we all know where that will lead us -when the next death occurs we will have yet another committee to hide behind.
And what foreign experts? When MACC was formed, you even have the much touted ICAC from HK advising you and making all kinds of positive comments. After all these where does all these led us? TBH and Ahmad Sarbaini’s deaths? All we need is some members from organizations such as the Bar Council. Why are you afraid to appoint these people for better transparency? Too much dirty linen that you are afraid to reveal to these genuinely independent parties so that your latest chicanery can be used as another excuse for more wrongdongs?
Don’t waste our time.
Don’t know what’s Assoc Prof Abd Halim Sidek’s beef against Bar Council (“BC”). BC didn’t ask for lynching of the relevant MACC’s officers named by RCI. It merely called for an investigation of POSSIBLE offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder, and for causing Teoh’s death through “premature call” respectively (ie either or case). Having an investigation (by police) is also what the Assoc Prof said was necessary. Its not that BC prejudges guilt by such a call. In light of RCI’s findings it is incumbent for BC as stakeholders of Rule of Law to make this call as regards what’s the next step.
Equally this member of MACC Consultation and Prevention of Corruption Panel, Syed Akhbar Ali, said “the non-acceptance of the RCI conclusions by some could also be construed as disrespect for the laws of the country.” What rubbish is this? Non acceptance of the logic or findings of even courts judgment normally considered laying down the law is even then not construed ordinarily as disrespect of law, let alone RCI’s findings which is focused on findings of facts relating to what happened than an interpretation of any law!. Does respect of law imply blind acceptance of what a judge, tribunal or an arbiter decided without heed to its reasoning process? How one interprets the law as against the facts (rightly or wrongly) is just that – interpretation, and not law for a disagreement with the interpretation being equated with disrespect for laws of the country.
Foreign experts to be brought into the committee to evaluate and implement the proposed improvements? Please get Daniel Li, the Deputy Commission and Head of Operations of ICAC Hong Kong who complimented the Malaysian government on the formation of the MACC. Like to see what he has to say about the MACC that he gave input in formulating, and whether he would accept once again or reject such an assignment.
We always have a good start but end with more dissapointment, doubts …….. Don’t expect much when we’ve all the criminals and liers who are not shameful when they are exposed.
Syed Akhbar Ali, it is not non-acceptance by some of RCI conclusions. Rather, it is the twisting of RCI conclusions that most people cannot accept. Syed must read the RCI Report carefully to avoid making yourself like a barut. They are already too many in the government.