YOURSAY ‘When the system is corrupt, it doesn't matter who has the power of prosecution, MACC or AG; they will abuse it.'

Giving MACC prosecution powers 'can lead to abuse'

Quigonbond: Deputy Minister in the Prime Minister's Department Razali Ibrahim is a certified moron. What makes him think leaving prosecution powers to the attorney-general (AG) would not result in abuse of power?

What he's really saying is, with only the AG being able to make the decision, it's easier to line one pocket as opposed to two. And there's no telling when the pie gets smaller, whether there will be an internecine war between Malaysian Anti-Corruption Commission (MACC) and the AG's Chambers.

In the first place, the AG's position should be separated from the office of the public prosecutor. The AG's Chambers is counsel to the government. It cannot be both adviser and public prosecutor at the same time - there is inherent conflicts of interest.

While it is acceptable for AG's Chambers to be under the control of the executive, the public prosecutor should be independent of the executive. Giving prosecution powers to the MACC certainly fits the characteristic of an independent prosecution office.

ACR: Currently, there is too much of discretion given to the AG to initiate a charge. If conflict of interest is the concern, let the commercial crimes division of the police force investigate and MACC bring charges.

SomebodyElse: That was the whole idea, to have a strong anti-corruption agency. Firstly, they have to be independent and only report to the chief justice. Secondly, they must be well paid so they won't be easily bribed.

Thirdly, they have to undergo proper training by foreign professionals because the latter are more neutral and with vast experience. Lastly, they have to declare their assets, including that of their families.

Armageddon: Razali Ibrahim is worried that MACC will abuse its power if given full power to act on corrupted individuals. And that is why the power to act is given to the AG. Is he not worried that the AG may also abuse his power?

MACC chief commissioner Abu Kassim Mohammed said, MACC's success rate is 85 percent. I assume it is based on headcount.

What would be the rate if based on the amount of money involved in those corrupted case? I am sure those 85 percent are made up of petty cases.

Well Thats Fantastic: How about setting a key performance indicator (KPI) to make sure they don't abuse their powers, something like 99 percent conviction rate, then they will make sure they have a watertight case before taking it to court.

Bamboo: Don't worry about abuse of power to prosecute, the court will take care of flimsy prosecution. Unless the court works hands in glove with MACC to frame someone?

Without the power to prosecute, MACC is toothless. The files forwarded by MACC lie collecting dust at the AG's office.

Mob1900: This is the same MACC which proclaimed that the Umno election was free from money politics and GE13 was fair and fraud-free.

Onyourtoes: Yes I agree, the MACC shouldn't be given prosecution power. The malaise of this country is endemic corruption to the core. When the system is corrupt, it does not matter who has the power; they will abuse the power.

If the AG's Chambers could abuse its power, the MACC could also do likewise.

Ksn: In the first place, MACC must report to Parliament, not to the PM who is the executive boss. Then ensure that the MACC personnel are competent, have integrity, well trained, qualified and possess the knowledge to investigate corruption.

With these aspects in place, appoint the best lawyers in the country to MACC to prosecute the corrupt. With those in place, there is no room for abuse in giving MACC the powers to prosecute.

But then, who is going to take the lead here is the big question, a case of belling the cat.

My Opinion: I can't see any advantages to give MACC prosecution powers except maybe the power to charge and prosecute the AG and judges. Has this law been referred to the Bar Council?

Its Now Or Never: This is the biggest joke of the century when Razali named Hong Kong and Singapore as comparable with Malaysia in terms of conviction rate. He is living in the jungle thinking we Malaysian public are fools. Good try.

Oomph: Very often or in most cases of reporting, officials think they can skew their performance by giving stupid statistical figure.

It can even be a 3,000 percent increase if you, in this financial year's report, state only 20 ‘ikan bilis' (small fry) cases were prosecuted, but next year you charge suspects in 60 cases.

This would mean that corruption cases were even more rampant, but your "catch" for the year and subsequent years were not consistent.

BNSCUM: "This can bring about elements of abuse (penganiayaan), where someone who does not deserve to be charged can be charged," said Razali.

Why do I find this statement doesn't make sense? Such a twist on words only means that they are afraid of their own shadows.

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