THE Malaysian Anti-Corruption Commission (MACC) should be an independent institution that makes decisions free from political influence, Penang Chief Minister Lim Guan Eng said.

The Pakatan Harapan deputy president said the anti-graft body had given an impression that it was “going after one side”.

“(It appears to be) slanted, skewed towards the ruling party and against the free media and opposition.

“It raises concerns and questions about whether the MACC is an independent institution or a tool of the ruling party. It is important for it not to appear like a tool of the ruling party,” he told a press conference in Penang today.

Lim is facing a corruption charge over his Jalan Pinhorn bungalow in Penang, which he had purchased for RM2.8 million, allegedly below the market price of RM4.27 million, from businesswoman Phang Li Khoon several years ago.

He is also charged with rezoning agricultural land in Balik Pulau for public housing, which was said to have benefitted the plot’s owner, Magnificent Emblem, a company linked to Phang, who is also facing charges.

Lim’s legal battle hit a snag earlier this week when the Federal Court ruled that Section 62 of the MACC Act was valid, overturning the Court of Appeals’ decision that the provision, which required an accused to disclose his or her defence statement to the prosecution before trial, was unconstitutional. 

Following this, MACC deputy chief commissioner (operations) Azam Baki reportedly told the media on Thursday that the Federal Court’s ruling would facilitate the prosecution team in their case against Lim and allow for “a fair trial”.

The comment did not go well with Lim, who cited a Sin Chew report and asked Azam to explain what he had meant by saying that the court’s decision would “make it easier for the prosecution”.

“All this while, I had thought prosecutions were done based on evidence, not according to certain methods to prosecute or go after a person.

“I would like to ask if his comment means it is easier to get at me. From what I read in the Sin Chew report, I am getting that kind of impression,” he said.

Lim said it was important to know what Azam meant because the MACC had recently decided not to prosecute Umno information chief Annuar Musa, who was investigated by the commission over allegations that he had abused his position as Mara chairman in the sponsorship of the Kelatntan football team in January this year.

Azam reportedly said the prosecutor had decided not to charge Annuar, who was formerly president of Kelantan FA until November last year, because “statements and evidence collected so far are not enough to prosecute”.

“Annuar will not be charged, even though the complaint (against him) was made by TMJ himself,” Lim said, referring to Johor Crown Prince Tunku Ismail Sultan Ibrahim, who had alleged that Annuar forced Mara Investments and Universiti Kuala Lumpur (UniKL) to sponsor the Kelantan football team.

“We know (Annuar) is from Umno, and I am from the opposition,” the DAP secretary-general said.

Lim also asked the MACC about the 1Malaysia Development Bhd (1MDB) scandal and a report lodged some time ago by Penang agriculture and agro-based industries exco Dr Afif Bahardin over a federal agency selling land below market price.

He was referring to the Penang Regional Development Authority (Perda), an agency under the Implementation Coordination Unit (ICU) of the Prime Minister’s Department, that allegedly sold government land in Nibong Tebal to a private company in 2015 at a RM15.2 million loss.

“Why is there no charge? This gives an unhealthy impression.

“The MACC should be an independent institution, free of political elements in its decisions,” Lim said. – December 16, 2017.