Money politics in national polls a tough nut to crack, senior MACC man admits

(Malay Mail Online) – It takes more than just claims of money being given to voters for the authorities to act on alleged perpetrators of money politics, especially if it is done during a national election, a senior officer with the Malaysian Anti Corruption Commission (MACC) has said.

MACC deputy commissioner in charge of prevention efforts Datuk Mustafar Ali said the main issue is to establish a direct link between political parties or their leaders and the act of influencing the outcome of the national polls through the use of money.

“Okay when when you mention about promising to give cash, this so-called candidates giving cash, they tell you to go home and vote and give say RM 300 or whatever. Is that an offence?” he said in a recent interview with Malay Mail Online.

“Certain parties are saying that is an offence, right? But do we know for a fact whom they are going to vote for?

“Say I give you RM300, I am the candidate… you go back to your kampung. Would I know what would you will be crossing in the ballot paper? We don’t know. You can cross for BN or PAS or whatever,” he added, referring to ruling coalition Barisan Nasional and the opposition Islamist party.

Prime Minister Datuk Seri Najib Razak is currently facing intense criticism over the revelation that an RM2.6 billion donation was made to his private bank accounts, ostensibly for use during the 2013 General Election.

The Election Commission (EC) said last month that it does not have the authority vested in the police and the MACC to probe the donation, though EC Chairman Tan Sri Abdul Aziz Mohd Yusof reportedly said he was confident Najib did not flout any election laws.

Abdul Aziz added that not all funds for the general election were used during the election campaign, and that if an offence was committed by candidates, the EC would then lodge a complaint with the police and the MACC.

Mustafar acknowledged that while such issues come under the MACC’s jurisdiction, it is “not that easy” to prove a case as there is never enough evidence to conclusively pin the offence on those said to have engaged in money politics.

“We have discussed this time and time again with the Attorney-General’s office. The AG or deputy public prosecutor said, ‘we don’t know for certain who they vote for… is  it for the real person giving the money?’,” he said.

Mustafar noted that the Federal Court had already set a precedent in 1981, when it ruled that it was not an offence when the-then Finance Minister Tengku Razaleigh Hamzah reportedly said during the Pengkalan Kota by-election that he would personally give money to improve the constituency if BN won.

The Federal Court ruled that the statement was in line with the responsibility of the government to ensure development and allocate funds regardless of whether there was an election.

Mustafar said the case was brought to the Anti Corruption Agency (ACA) ― the former iteration of the MACC ― but was eventually disposed of by the courts as it became an issue of when the money was actually allocated by the government for the constituency.

The senior MACC official noted that it was a similar situation when Najib promised a RM5 million flood mitigation plan on the eve of the Sibu by-election in 2010 in Sarawak.

“Najib went to Sibu, he said, ‘ooh, in Sibu there used to be flood and if we win this candidate, he said he is going to give RM5 million’. But that amount has already been allocated in the government expenditure for the Malaysia Plan,” he said.

Mustafar said a complaint on Najib’s Sibu promise was lodged with the EC and subsequently passed on to the MACC, but admitted that he was not aware of the status of the investigations.

He did say that the MACC launched a probe on another “development for votes” promise involving Najib in 2010 during the Hulu Selangor by-election, but again declined to provide details on the status of the investigation.

“I was asked by the media when I was the director of investigations… I was asked, ‘Datuk are you going to investigate Najib because you have so many reports against him’.

“I said, without fear or favour we are going to investigate anybody as long as they are corruption cases,” he said.