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Malaysiakini has reported ( Probe ends, wait begins for outcome ) that Anti-Corruption Agency officials briefed the so-called independent panel in respect of the Lingam video clip.

The ACA investigation is taking place as a result of my report lodged with them on Sept 20 on the instructions of PKR de facto leader Anwar Ibrahim. I explained in my written report my brief understanding of the implications of the content of the video recording, i.e that it disclosed corruption and fixing of senior judicial appointments by a lawyer, a businessman and an Umno politician. I also handed over a copy of the video clip in a CD ROM.

The Anti Corruption Act 1997 was structured such that the entire process and content of the investigation is to be kept secret and only disclosed to officers of the agency and the attorney-general until a person in charged. A breach of this provision in section 21 is a criminal offence under section 57 of the Act.

We are shocked to see the chairman of the panel, a retired Chief Judge of Malaya, telling the public that "the AG has authorised the disclosure of the evidence to the panel". This is preposterous.

Since when did the attorney-general suddenly develop the power to authorise the committing of a criminal offence?

These provisions were meant to safeguard the independence of the ACA investigation so that it would not be interfered with and the agency would be accountable to no one except themselves until the investigation paper was complete and ready to be given to the attorney-general for the sanction to prosecute under section 50 of the Act.

Such blatant disregard for the law on the part of the senior-most law official of the land will regrettably only serve to bring the law into further disrepute and tarnish the reputation of not just the ACA but also the office of the attorney-general. It will reinforce existing public perception of a culture of impunity prevailing throughout our key institutions that wrongdoing can happen and nothing will be done about it.

The writer is vice-president, Parti Keadilan Rakyat (PKR)

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