ALLOWING the Malaysian Anti-Corruption Commission (MACC) to investigate the alleged misconduct involving its chief commissioner Azam Baki would be a travesty of justice, Gerak Independent said. 

The group cited a statement from three of Azam’s deputies who declared their support for their boss as clearly showing “that the main officers of the MACC cannot be seen to be unbiased investigators”.

They argued, by letting MACC to probe its own officer, it would infringe on the cardinal principle of justice “nemo judex in causa sua” (no one should be a judge in their own cause).  

“MACC has a vested interest by virtue of the fact that it would be investigating its own chief commissioner. 

“The statement from all three MACC’s deputy commissioners dismissing the allegations against Azam, without stating facts or evidence of any inquiry being done, it is clear the main MACC officers cannot be seen to be unbiased investigators,” Gerak Independent said. 

Prime Minister Ismail Sabri Yaakob had recently told the press that several parties are probing the matter, including MACC itself.

Instead, Gerak Independent said the parliamentary select committee should be the primary independent body looking into this matter, with lawmakers in the committee taking on a more assertive role. 

“In fact, all the MPs should take a more assertive and active role to defend the integrity of Parliament, as they swore on oath to do.” 

Gerak Independent said although the Securities Commission is the proper body to investigate the alleged offences under the Securities Industry Act 1983, there must be no undue influence brought on the commission. 

“Justice must not only be done, but must be seen to be done. There must be an independent impartial body to investigate this extremely important issue. 

“The proceedings must be transparent. Its findings must be reported to Parliament. Not only is the MACC’s reputation at stake but also our precious judicial system of governance and the rule of law,” it said.

The statement, signed by five of Gerak Independent members, further said that institutional reforms are much needed in the country – even more so now. 

“This saga with MACC, if not handled properly, will break our country even more.”

“We have to urgently reform our institutions. We should begin with the MACC Act. It must be amended as soon as possible. 

“There must be more accountability and transparency in the way our government handles things. We have to do better.” 

The five Gerak Independent members are Tawfik Ismail, Siti Kasim, Charles C.J. Chow, Ravee Suntheralingam and K.J. John.

Azam courted controversy after he told the media that he allowed his brother, Nasir, to use his trading account to purchase shares from two public-listed companies. 

He said the shares were later transferred to his brother. 

Sungai Buloh MP R. Sivarasa raised the issue in Parliament on December 14, asking whether Azam declared his alleged ownership of 2.15 million in Excel Force MSC Bhd in 2015, and the 1.93 million shares in Gets Global Bhd in 2015 and 1.02 million shares the following year. – January 10, 2022.