The Attorney-General has decided not to proceed with the case of the RM2.6 billion donated into a special account bearing the Prime Minister’s name as the account holder with two persons nominated to administer the account on Najib’s behalf.
That has prompted the Director for Special Operations of the Malaysian Anti Corruption Commission, Datuk Bahari Md Zin stating to the press that he will appeal on the AG’s decision. MACC also issued a press statement saying that it will forward the AG’s decision for a review by the commission’s Operations Assessment Panel (PPO).
As a layman, I now feel that the MACC is being run and managed by amateurs. They should first and foremost know that the Attorney-General has the final say whether or not a case should be instituted, conducted or discontinued, other than cases that come under the Syariah Law, the native court, or a court-martial. This is specified in Article 145(3) of the Federal Constitution of Malaysia.
MACC’s PPO does not have the jurisdiction nor authority to review the decision of the Attorney-General. It only acts as a “check and balance” mechanism for cases that are being investigated as well as cases that have been acknowledged by the commission for prosecution or cases that the commission has recommended to be closed. You can read further the terms of reference of the MACC’s PPO here.
How is it that such a body that is supposed to be run by professionals who uphold the law and theintegrity of the commisssion not know of its own limits and boundaries that it starts to act ultra vires?
There is a saying in the military that if one is a Corporal, the wife is a Sergeant. In the case of Datuk Bahri, his wife must be the Head of MACC.
Perhaps the police should investigate Datuk Bahri under Section 8(1)(d)(iv) and (e)(iv) of the Official Secrets Act, 1972, and investigate the wife under Section 8(2) of the same Act. If this is how a senior ranking officer of the MACC behaves, I wouldn’t be surprised if in wartime, he would spill everything to the enemy.
Talking about the police, the MACC has a lot to learn from this organisation from where the MACC once came from. The police has had thousands of cases deemed as “No Further Action” and you don’t see them whining on the Internet like spoilt brats or like undergraduates with alleged perforated stomach. The integrity of the MACC is virtually ZERO!
They should have their feet firmly planted on terra firma. This is not Bollywood! So start behaving professionally!