COMMENT On Wednesday April 6, Selangor Customs assistant director Ahmad Sarbani Mohamed was found dead at the MACC Office at Jalan Cochrane.

Two autopsies were performed before his grief-stricken family could claim and bury his body.

NONE A blogger commented that even while Ahmad Sarbani's ( left ) grave was still moist ( tanah kubur masih basah ), there were already attempts to absolve the MACC from responsibility over his death.

Prime Minister Najib Abdul Razak's immediate remarks may be perceived by the rakyat as defending the MACC - "But we must remember that what they (MACC) are doing is trying to save the country's money. The government has fought long to cleanse the Customs."

I was fearful that Najib's statement would be distorted or manipulated by others as justifying that Ahmad Sarbani's death was an exercise in cleansing the Customs.

My fears have proven to be true. On Sunday, as I read all the mainstream newspapers, it appears to me that they have all joined in a chorus to echo, amplify and exaggerate what PM Najib had said.

The most troubling articles have come from Utusan Malaysia Sunday's edition of Mingguan Malaysia that dedicated their editorial page to embellish these justifications.

I was sad that at page 7, Mingguan Malaysia's feature page even had a bold caption " Ada negara tembak perasuah " (There are countries that shoot the corrupted), when interviewing the president of the Institute of Integrity Malaysia (IIM).

That is unbecoming. That is as good as saying that Ahmad Sarbani's death is deserving.

That is utterly insensitive and disrespectful to the grieving family and to the personnel and officers of the Royal Malaysian Customs.

Instead of gaining sympathy for the MACC, these spin doctors will only make things worse for the MACC, the government and for Najib.

Stop the vilification

I call on PM Najib's advisers and public relations men to stop vilifying this public servant who died while being investigated by a law enforcement agency.

That is what needs be addressed. Thus, I call on the mainstream media to consider the trauma that Ahmad Sarbani's family is going through and not add any more to their grief.

Let me remind that if you go overboard, the rakyat will despise and detest the MACC more.

The statement by the MACC that Ahmad Sarbani had gone to its office ‘voluntarily' and ‘without an appointment', is unhelpful.

It sounds like a contrived attempt to avoid responsibility by denying that Ahmad Sarbani was already in the MACC's investigation.

NONE The root cause for this uncertainty could be a result of the MACC's practice of calling for witnesses to come to its office to give a statement without formal documentation.

This happened in the Teoh Beng Hock ( right ) case making it uncertain whether he was there as a witness or as a suspect.

This uncertainty must stop. It is not too difficult if the MACC officers just follow the law. It is there staring at them.

The police have always abided by section 111 of the Criminal Procedure Code (CPC) when calling for witnesses by issuing a written order.

Even if the MACC does not rely on the CPC, there is a similar provision in the MACC Act in sections 30(1) (a) & (c) read with section 30(5) of the MACC Act.

Apparently, the MACC officers read these sections disjointedly and thus feel that they can force a witness or suspect to come for a statement without anything in writing.

The same thing happens when the MACC officers conduct visits or raids at people's office. The Teoh Beng Hock RCI had already observed these things.

Even without the TBH RCI coming out with their report, I hope the MACC will adopt standard police practice in obtaining search warrants and issuing written orders to interview witnesses.

This will avoid any allegation of oppressiveness and high handedness.

At all cost

As this investigation relates to issues and not individuals, this said investigation has to be continued and carried out at all cost, without fear, favour or hesitation, to bring the truth to the public.

NONE I hold the view that the chief commissioner Abu Kassim Mohamed ( left ) need not resign and that he should be tasked with the responsibility to lead his group of officers to thoroughly investigate this high profile case.

That is the way forward for the MACC to redeem itself. I am saying this out of my concern for the MACC as I had once served on its panel of advisers.

In the meantime, we should allow the police to do its job in conducting an objective and transparent investigation into the late Ahmad Sharbani's death.

Let us respect his family and allow the due process of law to take its course.

I also offer my condolences to his family.


ROBERT PHANG is a former member of the MACC's Consultation and Corruption Prevention Panel.