MALAYSIAN Anti Corruption Commission’s (MACC) Anti-Corruption Advisory Board has cleared Azam Baki of any wrongdoing over the alleged ownership of corporate shares.

Advisory board chairman Abu Zahar Ujang in a press conference today said the anti-graft agency chief had given the board an explanation on the matter.

Abu Zahar told the press that according to Azam’s explanation, the purchase of shares were made by the chief commissioner’s brother, Nasir, using Azam’s trading account.

The shares were later transferred to the brother, and as such, there was no conflict of interest.

The press conference today is the first time in more than a month that the agency is addressing the allegations against Azam since they were raised by former MACC panel member Edmund Terence Gomez to Abu Zahar, and to Borhan Dolah, who chairs the Consultation and Corruption Prevention Panel.

Gomez resigned from Borhan’s panel last month to protest against the lack of action after he wrote to both chairmen several times on concerns about Azam’s corporate shareholdings.

Abu Zahar said Nasir had purchased shares for two companies in 2012 through the open market, and they were transferred to Azam in 2015.

“The board members were of the view that Azam had no pecuniary interest on this shares and are satisfied with his explanations,” said Abu Zahar at the press conference in Putrajaya.

He added that the advisory board was going to address the matter publicly but Gomez went public with his complaints and resignation first.

Abu Zahar also dismissed calls for a royal commission of inquiry (RCI) into the matter, saying an RCI is unnecessary for such a “simple matter”.

He maintained that he did not receive any letters from Gomez and again urged the political economist to lodge a police report if he was still unsatisfied.

On December 14, Sungai Buloh MP R. Sivarasa raised the matter in Parliament, asking whether Azam had declared the alleged 2.15 million shares owed in Excel Force MSC Bhd in 2015, as well as 1.93 million shares in Gets Global Bhd the same year and 1.02 million shares the following year.

Azam, who has served the MACC for 36 years, was at the time heading the agency’s investigation unit.

Gomez, who resigned as member of one of MACC’s oversight panels on December 27 to protest the lack of action, later revealed to the press his correspondence with Abu Zahar and Borhan, which showed he had been urging them to act on the allegations since November 10.

Gomez said he had written both of them several emails each with files attached on the information concerning Azam. He told Abu Zahar and Borhan of his intention to resign, if nothing was done, on December 14. 

Abu Zahar today said that Azam had explained to the panel in person on November 24.

There are rules governing corporate share ownership by civil servants, namely, the Public Officers Regulations Act (Conduct and Discipline) 1993, which states that civil servants, including top officials, can hold corporate shares, but must declare their assets every five years.

There is also Service Circular Number 3/2002 – Ownership and Declaration of Assets by Public Officials, which further elaborates on section 10 of the above Act. It requires all public officers to declare in writing all properties owned by them, their husband or wife or children, or held by any person on their behalf or on behalf of their wife or husband or children to their respective head of department.

The circular also states that a public officer is prevented from owning more than RM100,000 value of shares in any company.

Azam, meanwhile, said today that he had informed his superiors in 2015 of the shares bought by his brother and there were no concerns raised.

He was also reported by Free Malaysia Today as saying he did not feel the need to respond when the allegations about his shareholdings were raised last month, because he had not done anything wrong.

He added that he would be seeking legal action against those who have attempted to tarnish his reputation. – January 5, 2022.