TI wants special court for corruption cases
Stepping up to defend the beleaguered Anti-Corruption Agency (ACA), the Kuala Lumpur Society for Transparency and Integrity suggested the watchdog be given teeth to function without interference.
Stepping up to defend the beleaguered Anti-Corruption Agency (ACA), the Kuala Lumpur Society for Transparency and Integrity suggested the watchdog be given teeth to function without interference.
Tunku Abdul Aziz, who heads the society, told a press conference this morning that the government should "translate rhetoric into constructive governance as a way of showing its commitment to integrity in national life".
The society is also the Malaysian chapter for the international corruption monitor Transparency International.
Aziz said there is need to review and augment the ACA's powers, and to consider the creation of a special court to deal with corruption cases.
"There have been rumblings with regard to the speed with which the ACA has been conducting its cases. Because corruption is unlike any other crime, there is probably a need for the government to solve corruption cases so there is no unnecessary delay," he said.
"I think that it is necessary to examine this proposal, to have someone senior from the Attorney- General's Chambers, for example, to be part of the ACA to decide if there is sufficient cause for a particular case to be prosecuted."
Just as there are special courts to deal with industrial relations and or Malay Rulers, the ACA should also be given powers not merely to investigate but to prosecute those suspected of corruption in a separate court, Aziz said.
His remarks were made in the context of the public row between Entrepreneur Development Minister Nazri Aziz and ACA enforcement chief Nordin Ismail, over investigations into a complaint that the Commercial Vehicles Licensing Board (CVLB) had issued 6,000 taxi permits to an individual in August.
Newspapers today, however, quoted Attorney-General Abdul Gani Patail as saying the allegation was no true and that the investigations had moved to examine "other irregularities" uncovered in the process of checking into the original complaint.
Public scrutiny
Even as that process continues, public attention remains fixed on Nazri's angry reaction to Nordin's statements.
The New Straits Times quoted Nazri yesterday as saying, among other things: "I have to teach him (Nordin) that politicians are not called the political masters and him the government servant for nothing....We as politicians have been elected by the people and we are not the government's servant."
Nazri had also referred to Nordin as "a junior officer", alleged he was "already prejudiced" and not to be trusted, and that he should be replaced in order to give the CVLB a fair hearing.
Aziz said such comments reflect a lack of understanding of Nazri's ministerial authority.
"This has highlighted the need for ministers to be better educated in the functioning of democratic governance, and in particular the legitimate role of the civil service in the administration of the nation's laws," he said.
"There is nothing sacrosanct about the cabinet...A minister is not immune from the process of the law, and in choosing to occupy public office, he must be prepared to subject all his official actions to public scrutiny."
Aziz said that it would be wrong to remove Nordin from the ACA team "simply because the minister (said he) did not like him" as the investigating officer.
"From what we know, (Nordin) is not overstepping his authority. He is doing what is required under the law, and it would be highly improper and sending the wrong signal to the community and all others watching this particular development," Aziz said.
He also highlighted the need for greater public access to information, leading eventually to enactment of Freedom of Information legislation.
In relation to Nordin's claims that several ministers had shown reluctance to co-operate in ACA investigations and to provide information, Aziz said the government should state its stand clearly on such issues.
"The public has a right to an official statement by the government to the effect that it is not its policy to curb the legitimate activities of the ACA or other similar agencies," Aziz added.
Two days ago, the DAP had urged premier Abdullah Ahmad Badawi to give priority to making the ACA a fully independent body by removing it from the jurisdiction of the Prime Minister's Department.

