THE Government must establish a royal commission of inquiry (RCI) to investigate whether the accusation levelled against the Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Azam Baki has basis or otherwise.
This was among the five major resolutions passed by the Malaysian Bar in its 76th Annual General Meeting held yesterday.
In addition, the Bar also said the RCI should also look into the following:
- The workings of the five existing check and balance bodies in the MACC
- Investigate and act to ensure justice is done to restore MACC’s credibility
- Public official, including the Cabinet, should never be allowed to sue those who highlight cases of alleged misconduct, crimes and/or abuse of power while holding public office and such claims must be probed by the state.
In January, investigate journalist Lalitha Kunaratnam alleged that Azam held shares worth millions of ringgit in public listed companies back in 2015 and 2016, which was against civil servants’ guideline which barred the latter from owning shares above RM100,000 threshold.
However, Azam stated that it was used by his brother Nasir Baki instead, which raised alarm at the Securities Commission (SC) as trading using another person’s account is in violation of the Section 25 of the Securities Industry (Central Depositories) Act 1991 (SICDA), where every securities account opened with a central depository must be in the name of the beneficial owner of the deposited securities or in the name of an authorised nominee.
The SC later cleared Azam of any misconduct, which triggered an outcry among Opposition leaders and civil society movements.
Azam had since filed a defamation suit against Lalitha, which the latter had welcomed.
Establish the Coroner’s Court
Meanwhile, the Bar also urged the Government to establish the Coroner’s Court, which would be tasked to investigate deaths in custody.
Under the proposed system, when anyone dies an unnatural death or via violence at Government-owned premises or caused by public officers, the matter must be referred to the Coroner’s Court immediately.
“The coroner will then visit the place where the death has occurred, view the body and even start their own independent preliminary inquiries,” the resolution stated.
It is to note in three months alone of this year alone, 12 people have died under custody. While the public are mounting the pressure on the Government to establish the Independent Police Complaints of Misconduct Commission Act, they have yet to do so.
Instead, the police established its in-house Criminal Investigation Unit on Deaths in Custody, which was panned by civil society movements.
On the Coroner’s Court, the Malaysia Bar also proposed the following:
- The coroner will establish the cause of death and the police and other public officials should refrain from commenting on the cause of death.
- The Government to enact the Coroner’s Court Act, with Sessions Court judges serving as the coroner. The Act should also provide for the Coroners Department, staffed with enough manpower for coroner to execute their duties effectively and independently.
- The Criminal Procedure Code to be amended to include improvements and clarifications as determined by the Judiciary vide Practice Directions
- The Ministers, MPs and public official responsible for arrest and detention of suspects be educated about the law about coroner and inquiries into death, including the need to inform the coroner as soon as the death occurs.
- The remaining 59 cases of death in police lock-ups from 2015 to 2021, and the 12 cases in 2022, be speedily referred to the coroner, as to date only 20 inquests of the 79 deaths in police lock-ups have been or are being conducted.
- The Government annually disclose the number of all suspicious deaths and deaths in custody, deaths in Government premises, and deaths caused by public officers, and the findings of the coroner. This should include not just deaths in lock-ups but all deaths in police custody, including deaths caused by police shootings when trying to affect arrests. – March 20, 2022
