On the Beat | By Wong Chun Wai

Core of corruption


Who watches the watchers? The country’s anti-corruption agency has taken a battering of late with some of its officers arrested for corruption.­ — Filepic/The Star

Our country seems to be adept at scripting headlines for all the wrong reasons.

IT looks like the Malaysian Anti-Corruption Commission (MACC) is at its lowest ebb. The agency’s image is in tatters, and in the eyes of the public, an impression has been formed.

Malaysians expect an enforcement agency fighting graft to be whiter than white, with exacting standards of accountability, transparency and ethics.

If the MACC can’t deliver that, then how can the public expect the agency to execute its responsibilities and tasks?

Perception is everything. The timing of the controversy involving its chief, Tan Sri Azam Baki, couldn’t be worse for the agency because trust and confidence in our institutions have eroded badly.

Just last week, an MACC senior enforcer was charged with misappropriating US$6.4mil (RM25.1mil) seized by the commission four years ago. Shahrum Nizham Baharuddin pleaded not guilty.

He was accused of criminal breach of trust (CBT) with monies entrusted to him at the MACC special action branch chief’s room in 2019.

It was reported that former Malaysian External Intelligence Organisation director-general Datuk Hasanah Abdul Hamid tried to reclaim US$6mil (RM25.2mil) in cash that was confiscated from a Cyberjaya apartment after she was granted a discharge not amounting to an acquittal in her CBT case. She claimed that a portion of the cash was missing and was replaced with counterfeit notes.

Last month, two more MACC officers were arrested in connection with a heist at a businessman’s house in Jalan Ampang, Kuala Lumpur, involving RM700,000. Before that, two other MACC personnel were arrested and remanded over the case.

And now, Azam has found himself in the news for the wrong reasons. He is under investigation by the Securities Commission for his statement that his brother had used his name to purchase shares in 2015.

Azam had made this claim following allegations that he had interests and shareholding in several companies. The Anti-Corruption Advisory Board chairman Tan Sri Abu Zahar Ujang subsequently cleared him, saying the board was satisfied with Azam’s explanation.

But, of course, it didn’t end there. It would be surprising if Azam and Abu Zahar expected it to because it’s naïve of them to underestimate Malaysians, who are generally in a foul mood.

Surely both know that 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.

While Azam is understandably furious at the controversy, it’s difficult to be certain if his threat of legal retribution against those responsible will help him.

He has said “there were efforts by individuals with personal interests or with a bad agenda against the MACC”, saying “we have identified who they are and what their agenda is”.

Granted, that while there will be individuals or groups with political motives, many ordinary Malaysians are also asking the same questions, and they certainly have no interests.

Azam may not have to answer directly to the people, but it would definitely be incorrect for him to say that he is only answerable to the advisory board.

It would also not be wise for him to be so dismissive of the people’s sentiments and give the impression of high-handedness and intimidation.

It could be ignorance on Azam’s part that led to him allowing his brother, Nasir, to use his account to buy shares on the open market without realising that he had committed an offence.

But it would be erroneous for him to say that he owes no one any explanation because he is the top MACC chief – surely, by virtue of his position and the agency he serves, Azam is accountable.

Basically, the people want to know why Nasir needed to use his brother’s account when he has his own.

Surely Malaysians are reasonable and rational enough to accept convincing explanations.

There are no rules that say civil servants can’t trade in shares, and if he can invest in the stock market with good supporting documents, there’s no reason to doubt it.

Likewise, Nasir needs to prove he has sufficient financial means to purchase these shares on the open market and explain why he had to use his brother’s account.

Malaysians are furious because public figures, whether political or government, have failed badly in terms of trust and integrity. So much so that we have adopted a cynical view of politicians.

The perception is that the rot of corruption has set at the core. It’s now so entrenched that it has become a culture and an expected way of doing business. Greed has seeped into every crevice of morality, and all this has damaged Malaysia’s cost of doing business and sense of competitiveness.

Outside Malaysia, we are looked upon as a corrupt country where the rich and powerful can get away with just about anything.

Worse, those who aren’t familiar with our British-modelled legal system think that convicted persons can walk around freely.

That is simply because they have not exhausted their appeals avenue. Unlike the US system, they don’t go to jail immediately.

It doesn’t help that the leadership has chosen to remain silent over many contentious issues when public and government figures fail miserably, such as the mishandling of crises like the recent floods.

No one seems to take responsibility, and no one has been shown the exit for their utter incompetence.

In fact, when the public writes complaint letters to the media, to the help desks or even sends e-mails to government websites, the missives often go unanswered, leaving them frustrated.

Here’s some advice to our leaders: Put your ear to the ground and hear the loud rumblings and grumblings. They’re thunderous!