Let’s start with independence

By Terence Fernandez, The Sun

RESIGN! Revamp! Rehabilitate! These are among the “three Rs” that are being bandied about since the body of Selangor Customs assistant director Ahmad Sarbani Mohamed was found at the foot of the Kuala Lumpur Malaysian Anti-Corruption Commission (MACC) headquarters on Wednesday.

For the MACC it was reliving a nightmare. What with the Teoh Beng Hock Royal Commission of Inquiry still being heard to determine who was responsible for the political aide’s death fall on July 16, 2009 from the 14th Floor of Plaza Masalam, the MACC Selangor office in Shah Alam.

Though Teoh was being interrogated as a witness, Ahmad Sarbani was among the 63 customs officers being investigated by the MACC for alleged graft practices involving billions of ringgit. It is tempting to scream bloody murder. With Teoh’s case still open, it is understandable for Malaysians from all walks of life to demand heads on a platter.

The MACC has an obligation to ensure the safety of everyone within its premises – including suspects and witnesses. Its media statement that Ahmad Sarbani was left on his own on the third floor of the building by the officer attending to him indicates that protocol was breached.

A month before Teoh’s death, the MACC had issued a circular instructing that all visitors be attended to on the ground floor and that no visitors should be left unaccompanied until they had left the premises. If anything, these two incidents indicate a serious defiance or non-compliance of the rules by certain MACC officers, and demand strict disciplinary action.

In a phone call yesterday, MACC commissioner Datuk Seri Abu Kassim Mohamed said the officer attending to Ahmad Sarbani would be suspended. Abu Kassim has also scrapped his trip to London, saying his presence in the country is required now more than ever.

It is easy to demand for Abu Kassim to step down. On any given day, I would be among those who would demand accountability from the chief executive of the agency. But we must remember that Abu Kassim who took over the helm of the MACC on Jan 1 last year had his work cut out for him.

Confidence in the commission was waning as it was viewed as a political tool. His predecessors did not make things easier for him by making public statements which could be interpreted as the agency being partial towards certain political parties or individuals. It is a known fact that Abu Kassim had requested a transfer to another government agency on principle as he could not work under one controversial former Anti-Corruption Agency head.

Abu Kassim’s main task is to clean up the MACC’s image. That he was given seven years to do it indicates that rehabilitating public perception of the commission is a long-drawn affair. With several high-profile arrests and raids on government departments, he was making headway. Should he be punished for the latest blot on the public confidence in the commission?

What guarantees are there that the one who replaces him will do a better job? Abu Kassim, we must understand, is also battling forces from within the establishment. One example is the annual budget request of RM300 million was cut by half. Part of that money was meant to fund safety precautions such as CCTVs and grilles at MACC offices. It certainly illustrates a lack of commitment from the government to help equip the MACC with the tools it needs to fight graft effectively; when it can consider spending RM800 million to move Parliament.

Following the customs swoop last week, customs officers in Port Klang had been up in arms over the raid – claiming that they were being singled out while a privileged few who are evading taxes are let off.

These customs staff would know. Billions of ringgit in taxes are being evaded right under their noses just because so-and-so is well-connected. What with the death of Ahmad Sarbani, his colleagues are basically on strike, refusing to do the paperwork to release containers stuck in Port Klang. They contend that he was silenced, as his testimony would lead to bigger fish being reeled in.

This is of course for yet another royal commission to determine. MACC’s procedures must be put under the spotlight again so we can, once again, detect where we went wrong – as it seems no lessons were learnt from Teoh’s death.

But another problem of the MACC. As long as it is unable to go after the real sharks the public will not be convinced that the battle against corruption is being carried out without fear or favour. There is no such thing as an “independent MACC” as long as a mandate is required to go after someone, or the system which is entrenched with corruption is not overhauled.

Cutting off the top, as suggested by many, is not going to help the commission win any admirers, as long as the cleansing of the MACC is not complete; and as long as its functions are curtailed by political expedience or the political survival of a few individuals. Those calling for Abu Kassim’s resignation would be wise to demand the same of those who are impeding the work of the MACC.