PSC member seeks speaker's explanation over Azam Baki’s case
Kota Melaka MP Khoo Poay Tiong wrote to Dewan Rakyat speaker Azhar Azizan Harun today to seek his clarification over MACC chief commissioner Azam Baki's case, including whether the Parliament Select Committee on Agencies Under the Prime Minister's Department has the power to summon the anti-graft agency top official.
This comes after Azam, who was implicated in a scandal involving shares ownership, had rejected a call by the PSC to appear and explain to the parliamentary body about his case.
Khoo (above) said Azhar needs...
Kota Melaka MP Khoo Poay Tiong wrote to Dewan Rakyat speaker Azhar Azizan Harun today to seek his clarification over MACC chief commissioner Azam Baki's case, including whether the Parliament Select Committee on Agencies Under the Prime Minister's Department has the power to summon the anti-graft agency top official.
This comes after Azam, who was implicated in a scandal involving shares ownership, had rejected a call by the PSC to appear and explain to the parliamentary body about his case.
Khoo (above) said Azhar needs to clarify if Azam is allowed to ignore a PSC's order to attend a hearing.
"I would like to seek the advice and clarification of the Yang di-Pertua on several issues, including whether Azam has the right to protest and ignore the power of the Parliament to summon him to attend a PSC meeting.
"As we already know, the power by the PSC to summon an individual is vested under the Standing Order 83(2), and Section 16 and 17 of the Houses of Parliament (Privileges and Powers) Act 1952.
"The excuses given by Azam to not attend the PSC hearing were only his personal opinion and does not hold any legal power. While on the other hand, the Standing Orders and Houses of Parliament Act are laws that are in force in Malaysia," he said in a letter written to Azhar, which was sighted by Malaysiakini.
In January, the committee summoned Azam for a hearing following public outcry over his shares ownership scandal, where public records show that Azam was a significant holder of warrants in the public-listed company Excel Force MSC Sdn Bhd as of March 2016. Azam was the head of the MACC investigations department during the material time.
However, the MACC chief had objected to the hearing, citing that it was because he filed a defamation suit and matters to be discussed by the PSC might be considered by the courts.
He also said that the case was under investigation by the Securities Commission and MACC Complaints Committee, among others.
Following this, the PSC meeting was postponed as its chairperson Abdul Latiff Abdul Rahman said he would consult Dewan Rakyat's legal adviser.
Last week, Azam told an interview that he was willing to appear before a PSC but did not do so in January because he had only received an "invite" instead of being subpoenaed.
Subpoena
According to Khoo, the investigations being carried out by the SC and the MACC, or any other executive body, should not hinder the Parliament from summoning Azam as the August House is an independent institution.
The DAP MP also pointed out that the Parliament legal adviser has yet to respond to the Agencies Committee's request for legal advice on Azam's objection.
This was despite the request being made a month ago.
"As this issue is a matter of public interest, the views of the Parliament's legal adviser should be issued in a timely manner so that the PSC's role and operations are not disrupted."
Khoo said he has requested the committee to issue a subpoena to Azam, as the latter had claimed that his reluctance to attend the hearing was because they sent him a mere invitation.
"I also would like to seek an explanation from Yang di-Pertua whether all letters issued by the PSC before this were in force as a subpoena.
"If they were not, all letters issued by the PSC in the future should come with a subpoena order so that such issue will not arise again," he said.
Besides focusing on Azam, Khoo in his letter had also sought Azhar's clarification on the powers of a PSC chairperson.
The request came following Abdul Latiff's decision to postpone the PSC hearing in January, which Khoo claimed was made unilaterally.
