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MP: Punishing MACC men with transfers unlawful
Published:  Aug 8, 2015 4:47 PM
Updated: 10:04 AM

A PKR MP said the sudden transfer of two Malaysian Anti-Corruption Commission (MACC) yesterday as punishment for speaking up over 1MDB is unconstitutional.

"These sudden transfers appear to be as a disciplinary measure or punishment, as the senior officers had been seen to be publicly against the ongoing police action against some MACC officers in relation to the 1MDB scandal.

"The transfers are unfair, arbitrary and unlawful," said PKR Padang Serai MP N Surendran in a statement.

Yesterday two senior MACC officers - special operations and communications directors Bahri Mohd Zin and strategic communications director Rohaizad Yaakob - were transferred out without prior notice to the Prime Minister's Department.

While a source was reported claiming the transfers were due to " disciplinary issues ", Deputy Prime Minister Minister Ahmad Zahid Hamidi today waved it off as a " normal " administrative matter.

Surendran said civil servants could not be transferred out by way of disciplinary action, unless there had been a prior enquiry and the officer had been given reasonable opportunity to explain.

"This is clear from the law governing employment, including Article 135 of the federal constitution.

"The lack of an enquiry and suddenness of the transfers amounts to bad faith by the authorities," said the former PKR vice president.

MACC independence in question

He added the transfers not only impinged on the duo's rights, but raised "serious concerns for the independence and integrity of the MACC as an institution".

Meanwhile Gelang Patah MP Lim Kit Siang slammed Zahid's explanation as contemptuous of the thinking public.

"The explanation given by Zahid for the transfer of Bahri and Rohaizad is sheer garbage, displaying unjustified contempt for all MACC personel in general and the two MACC directors in particular," said Lim in a statement.

"All Malaysians must be incensed and outraged by Zahid Hamidi’s contemptuous and contemptible justification," he said, calling on the transfers to be rescinded.

The latest development comes as a series of moves that Prime Minister Najib Razak's administration has made against those critical of the 1MDB scandal and those investigating it.

Since Wall Street Journal published reports alleging RM2.6 billion from 1MDB had been transferred to Najib's personal bank accounts, cabinet members critical of the scandal deputy prime minister Muhyiddin Yassin and minister Shafie Apdal were replaced .

Abdul Gani Patail, who was overseeing the special task force probing 1MDB allegations, was also removed as attorney-general, and several raids and detentions were conducted against the task force's officers.

Bahri, who had led the probe into SRC International linked to the alleged fund tranfers, was questioned by the police and later alleged " hidden hands " were behind the crackdown.

In addition, four BN members from the Public Accounts Committee (PAC) including its chairperson Nur Jazlan Mohamed separately probing the 1MDB scandal were given deputy ministerial posts and had to resign from the committee , pulling the brakes on the parliamentary committee's probe.


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