MALAYSIAN Anti-Corruption Commission (MACC) Anti-Corruption Advisory Board chairman Abu Zahar Ujang today admitted that the board does not have any power to conduct any investigation into any criminal misconduct against its officers.

Abu Zahar said the board has the power to provide only suggestions on how investigations should be conducted in certain circumstances, in line with provisions under section 13(5)(a) of the MACC Act 2009.

His statement comes after strong criticism from opposition lawmakers and civil society groups, who questioned the legitimacy of the advisory board’s “findings” on the allegation against MACC chief commissioner Azam Baki.

Abu Zahar last week told the media that the board has cleared Azam of any wrongdoing concerning his alleged ownership of corporate shares.

The chief commissioner has provided an explanation on the matter, he added.

“The views and recommendations of the board can be found expressly in particular on page 6 (ii) and (iii) (of the Act), which are neither intended nor desired to preclude a thorough investigation by any authorised and independent government agency to conduct a formal inquiry into the allegation of misconduct against the chief commissioner,” he told a press conference in Putrajaya today.

Abu Zahar said he will not be taking any question from the media at the start of the press conference.

The former Dewan Negara president reiterated that the investigation into the allegation of misconduct against the chief commissioner remains open and can be continued by any agency with authority.

“Neither I nor any of my fellow members on the board have any intention of obstructing such further investigation, if any.

“In fact, it is encouraged (to hold an investigation) by the concept of the rule of law, so the good name and integrity of the agency will always be at the highest level according to the law.”

He blamed the media for the controversy that arose from his previous press conference last week.

He said the media did not report the whole matter, which he claims led to a misunderstanding among the people.

He also said he is willing to cooperate with any body or organisation should it want to investigate him on the matter.

“I am prepared to be investigated by any party or organisation at any time.”

Abu Zahar said he will leave it to the discretion of the government and Yang di-Pertuan Agong to determine his position as board chairman, and that he will abide by any outcome of the decision.

Azam has been accused of owning corporate shares, which has led critics to call for investigations against the accusation.

He allegedly owned 1.93 million shares in Gets Global Bhd as at April 30, 2015, and 1.02 million shares in the same company as at March 31, 2016. His younger brother allegedly owned 3.72 million shares in the same company.

He also allegedly owned 2.15 million shares in public-listed Excel Force MSC Bhd.

The board, in clearing the chief commissioner of any wrongdoing, said the shares were later transferred to his brother and, as such, there was no conflict of interest.

Sungai Buloh MP R. Sivarasa raised the issue in Parliament on December 14.

Azam, in reply, said he informed his superiors about the purchases in 2015, and that no concern was raised.

The Securities Commission is investigating the chief commissioner after police referred a report that he allowed his brother to use his trading account to purchase shares. – January 11, 2022.