The Malaysian Anti-Corruption Commission (MACC) has proposed  the enactment of ‘presumption’ lawsto allow the agency to investigate those living beyond their means..

MACC’s Operations Review Panel member Cecil Abraham said the matter has been proposed as part of an amendment to the MACC Act.

NONE "It must not be a crime before a person is investigated if he or she has assets far exceeding their emoluments.

"We can only make legislations and it is up to legislature to draft it ," said Cecil ( left ), who is also a senior lawyer.

He was responding to questions from the floor on whether the MACC wants to enact  ‘presumption’ laws similar to Hong Kong's, where a person living beyond his or her means can be probed and charged.

 Other members in the forum were senior deputy director of its investigation division Han Chee Rull, MACC director of prosecution Abdul Razak Musa and Bar Council constitutional committee chairperson Syahredzan Johan.

The session was chaired by former Bernama chairperson Azman Ujang, who also sits in the Consultation and Prevention Panel in the MACC.

Han, however, expressed concern that if such laws were enacted the MACC will be swarmed with calls for such probes on individuals.

"If we have a presumption like that if someone is rich the MACC should investigate, I can personally foresee that the commission would be very busy with 'why so and so is so rich'.

NONE "We want to see a situation where the MACC is more effective rather than bogged down (by such investigations).

The situation in Hong Kong and Malaysia is different as we need to show a property had been acquired as a result of an offence or an act for us to commence on a case of living beyond means," he said.

'Not a level playing field'

Cecil also expressed concern that in high-profile cases, the playing field is not level to ensure conviction.

He said the country has some of the best criminal lawyers representing accused persons, while the MACC is left with only a few competent DPPs.

"However, there is a different level of competence (in the prosecution) especially in high profile cases compared with private practitioners at present.

"We have proposed like in United Kingdom setting up an independent bar (offering their services) in prosecuting such cases, " he said.

However, he added that it will require a higher budget to level the playing field.

Cecil pointed out that this happens in civil matters here, and so should be possible for criminal and corruption cases, too.

He admitted that some shoddy investigations had resulted in acquittals.

To questions on the independence of the five committees overseeing the MACC the audience was told that only the Anti Corruption Advisory Board members were directly appointed by the Yang di Pertuan Agong ,the others were picked by the prime minister.

There were concerns from the floor that panel members appointed by the prime minister, may not be independent per say in overseeing the MACC's daily operations.

However, Han pointed out that their integrity is impeccable, as they are distinguished people selected from the various sectors including accountants, bankers, lawyers, auditors, and academicians.

 "These are people with integrity and as for me from the investigation division , we report to the Operations review panel which crutinises details of our investigations," said Han.

parliament ipcmc roundtable talk 281207 tan seng giaw He also pointed out that the Special Committee on Corruption had three opposition lawmakers in them namely Dr Tan Seng Giaw (DAP-Kepong) ( left ), Salahuddin Ayub (PAS-Kubang Kerian) and Mohd Yusmadi Yusoff (PKR-Balik Pulau)

Panel members are limited to three terms with most of existing ones into their second term.

When asked on MACC's independence, Han admitted that the panel may not be seen to be so as its funded by the government, however it is the only enforcement body in Malaysia with its daily running subjected to the scrutiny of five panels, overseeing its functions and independence.