THERE must be further investigation into allegations that Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki failed to declare ownership of corporate shares, despite the MACC anti-corruption advisory board clearing him of any wrongdoing, lawyers said.

“Actually, panel cannot clear anyone. Only the investigators/AG can make that decision,” Anti-corruption activist and lawyer Ambiga Sreenevasan tweeted, referring to the attorney-general.

Lawyer Mohamed Haniff Khatri Abdulla said the board’s opinion is not final, because it is not legally binding in criminal investigation.

Haniff pointed out that the board chairman, Abu Zahar Ujang, had said the panel’s findings will be forwarded to Prime Minister Ismail Sabri Yaakob.

“Therefore, in line with the law, Ismail should then instruct attorney-general Idrus Harun to set up a three-member special investigation commission to look into the allegations,” Haniff said.

“The AG, the inspector-general of police and the MACC advisory board must nominate the members of the investigation commission.

“The commission must be given six weeks to investigate and then forward its findings to the AG.”

Haniff said it is important the prime minister requests that Idrus acts firmly and swiftly in setting up the commission to convince the people that the position of the complainant is taken into account and adherence to the rule of law.

He said if Azam is innocent, he has the right to clear his name through a transparent and correct process, which is also in line with the rule of law.

Haniff said there are many questions that needed to be answered through the investigation, including the legality of trading shares in the name of a proxy, the source of funds used by Azam’s sibling to purchase the shares and why Azam owned the shares for a period of time, among others.

He said the questions are not intended to cast negative aspersions towards Azam but instead it is needed for a thorough investigation to be carried out in line with the rule of the law.

In a press conference yesterday, Abu Zahar said the anti-graft agency chief had given the board an explanation, in which Azam said his brother bought the shares using Azam’s trading account.

The shares were later transferred to the brother, and as such, there was no conflict of interest, Abu Zahar said, adding there was no need for a royal commission of inquiry (RCI) for such a “simple matter”.

Yesterday’s press conference was the first time that the agency addressed the allegations against Azam since they were raised by former MACC panel member Edmund Terence Gomez to Abu Zahar more than a month ago.

Gomez also said he brought them to the attention of 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 about his concerns over Azam’s corporate shareholdings.

This issue was also raised in Parliament on December 14 by Sungai Buloh MP R. Sivarasa, who asked whether Azam had declared 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. – January 6, 2022.