MACC Had Acted Illegally, What Now?
The high court has made an important verdict:
The Malaysian Anti-Corruption Commission’s (MACC) has no right to question witnesses in an investigation beyond normal office hours, namely from 8.30am to 5.30pm.
Judicial Commissioner (JC) Mohamad Ariff Md Yusof stressed that the meaning of the phrase “day to day” as laid down in Section 30(3)(a) of the MACC Act – which is at the core of the dispute between Tan and the MACC – “cannot mean round the clock” investigation, which includes recording statements from the witness.
Mohamad Ariff explained that to do so would “offend the legislative purpose” and limit the fundamental liberties of a person, which are clearly laid down in the Federal Constitution, under Article 5, and which the Federal Court had recently upheld must be interpreted in the “widest sense” possible.
Asked to comment on the impact the High Court’s decision in relation to the dead political secretary, Karpal said: “In the case of Teoh Beng Hock, death was involved. The MACC has to be sued in a wider range and not limited to just the questioning.”
Yes, the MACC must be held responsible for a breach of its own investigative procedures. This ruling is not only significant for future suspects and witnesses but it is also a wake up call for other government agencies, departments and institutions which have been operating without observing proper procedures.
