More due process is required to clear Azam Baki's name
The shareholdings allegations made against MACC chief commissioner Azam Baki require further due process and should not be dismissed after a single meeting by the MACC Corruption Prevention Advisory Board (LPPR).
Both the Institute for Democracy and Economic Affairs (Ideas), as well as lawyer Haniff Khatri Abdulla, have welcomed the LPPR addressing the allegations publicly but said further action is needed to probe the claims against Azam...
The shareholdings allegations made against MACC chief commissioner Azam Baki require further due process and should not be dismissed after a single meeting by the MACC Corruption Prevention Advisory Board (LPPR).
Both the Institute for Democracy and Economic Affairs (Ideas), as well as lawyer Haniff Khatri Abdulla, have welcomed the LPPR addressing the allegations publicly but said further action is needed to probe the claims against Azam (above).
In a statement yesterday, Ideas said LPPR chairperson Abu Zahar Ujang’s statement had not fully addressed public concerns pertaining to the integrity of the MACC.
“The absence of a comprehensive explanation as to how the decision was made, done transparently, will erode the public’s trust in MACC as a critical institution for combating corruption in the country.
“We view such an explanation as critical to maintaining MACC’s credibility as an independent institution that can effectively combat corruption,” said Ideas chief executive officer Tricia Yeoh.
Azam recently has come under intense scrutiny after allegations surfaced about him having owned shares in two companies back in 2015.
According to Excel Force Bhd’s 2015 annual report, Azam owned 2,156,000 warrants in the company as of March 21, 2016. At the time, Azam was the head of MACC’s investigation division.
In a press conference yesterday, Azam said he told the Anti-Corruption Advisory Board that his trading account was used by his brother to acquire the shares in the two companies in 2015.
The shares have since been transferred to his brother, Nasir.
Abu Zahar, who was also present at the press conference, had said they were satisfied with Azam’s explanation that he had neither pecuniary interest nor conflict of interest in the acquisition of those shares.
Disclose the process
Ideas urged the LPPR to disclose the process through which the conclusion to exonerate Azam was reached, as well as whether Azam had satisfied the criteria on asset declaration based on the government circular requiring civil servants to declare their assets.
“As a critical institution that upholds integrity in the nation, it is essential that the MACC and its oversight bodies embody the highest standards.
“As such, the oversight bodies tasked to provide accountability over the commission must consider themselves the bastions of transparency.
“Even the slightest delay in acting on a complaint can sway public opinion,” Yeoh added.
AG should investigate
In a statement on Facebook last night, Haniff said the LPPR’s opinion on the matter does not mean the case is shut as their opinion has no legal bearing in criminal investigations.
“Prime Minister Ismail Sabri Yaakob should instruct the attorney-general (AG) to form a special investigation committee consisting of three individuals suggested respectively by the AG, the inspector-general of police as well as the MACC’s advisory council,” he said.
This committee should be given six weeks to investigate and present the completed investigation papers to the AG for further action, based on the results of the probe, Haniff added.
There are also many unanswered questions, such as why the shares of the public listed company, which purportedly belonged to Azam’s brother, remained under Azam’s name between 2015 and 2016.
He also questioned if there were any criminal elements related to the company which led to the shareholdings and if Azam’s brother had legitimate sources of money in order to own that amount of shares.
Haniff stressed that his questions were not meant to cast any implications of wrongdoing against Azam, but these are questions that should be investigated thoroughly, in line with the concept of justice and sovereignty of the law.
“If he is innocent, then surely Azam has the right for his name to be cleared in accordance with a transparent and accurate process that is in line with the law,” he said.
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