THE 2021 share and warrant ownership scandal involving Malaysian Anti-Corruption Commission (MACC) head honcho Tan Sri Azam Baki is not only about whether he broke the law and committed an offence but also about whether there was a breach of the Public Officers (Conduct and Discipline) Regulations 1993.
A recap of the above event has prompted human rights activist and lawyer Charles Hector to question the prerogative of the unity government to renew Azam’s contract as the head honcho of the Malaysian Anti-Corruption Commission (MACC) for a further one year until May 12, 2024.
“Was there a misconduct committed or how did the disciplinary process go? Was the ‘breach’ not even dealt with because the alleged perpetrator was Azam himself or was there a disciplinary process? These are questions unanswered to date,” penned Hector in his latest blog.
Recall that on the issue of shares, Azam has maintained that he did not commit any wrongdoing nor was no conflict of interest on his part and that he explained the matter to the anti-corruption advisory board panel.
“I explained to the panel that my trading account was used by my brother for his shares trading and I have no interest nor have any part in this. The shares were bought in the open market and my brother had financed the purchases on his own,” said Azam.
He added: “The shares of the companies which he (Azam’s brother) purchased were not involved in any investigations carried out by the MACC. All the shares had been transferred to my brother’s own trading account.”
Reacting to Azam’s rationale, Hector is of the view that reaching the conclusion that shares in one’s own account do not belong to the named owner is “most dangerous”.
“So, will we next be hearing politicians claiming that monies in their personal bank account is not theirs but their political party or their charities or their mothers, sisters, brothers … dangerous…dangerous…dangerous…”
He also pointed to Service Circular Number 3/2002 pertaining to “Ownership and Declaration of Assets by Public Officials” which prevents a public servant from owning more than RM100,000 worth of shares in any company which till today has not generated any response from the authorities.
“So, what does PM Anwar’s re-appointment of Azam signify, more so since many issues are still outstanding? MACC may need an RCI (royal commission of inquiry) to see how things can be improved?” asked Hector who is also the co-founder of the non-governmental organisation (NGO) Malaysians Against Death Penalty & Torture (MADPET).
“Was there any ‘deal’? Will MACC be ‘compromised’ after Azam’s re-appointment? Are we happy about how Anwar dealt with the ‘Azam’s MACC scandal’?” – May 17, 2023
