Reporting an offence is not defamation

Whistleblowers cannot be sued for libel or slander, rules Federal Court

PUTRAJAYA: A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.

The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.

The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.

Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.

“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.

The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.

Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.

Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.

Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.

The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.

“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.

On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.

But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.

The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.

Source: The Star by Nurbaiti Hamdan

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Making the corrupt fear whistleblowers, not the other way !

WE ARE so used to seeing the Malaysian Anti-Corruption Commission (MACC) on the frontlines in the war against corruption that we often forget the importance of whistleblowers. 

Ten ways activists can encourage and support whistleblowers >>

Graft-busters cannot be expected to single- handedly detect cases of corruption and abuse of  power because this requires surveillance capabilities that are impossibly expensive and intrusive. Instead, they typically rely on people channelling quality information on alleged offences so that the investigations can start.

Federal Land Development Authority chairman Tan Sri Shahrir Abdul Samad reminded us about this when he warned Felda employees, including its top management, that there were whistleblowers within the organisation who would report wrongdoing. - (Check: Shahrir backs Felda staff who expose wrongdoings)

Commenting on the MACC’s raid on Monday on Felda Investment Corporation Sdn Bhd over the purchase of a London hotel, Shahrir welcomed the probe as a “good development” and said he believed that the new leads received by the commission came from whistleblowers.

“I want to assure those who expose the corrupt practices within Felda that they will be protected,” Shahrir added.

That is an important message. People are reluctant to volunteer information on corrupt practices mainly because they believe there would be reprisals if it was made known to others that they had blown the whistle.

Employees worry about being treated poorly by bosses and colleagues. Businessmen risk losing customers and deals. And sometimes, the stakes are so high that a whistleblower may even have reason to fear for his life.

People need to be convinced that there is a better alternative to saying nothing about corrupt practices. First and foremost, a whistleblower wants to be sure that if he so chooses, his identity will be kept confidential.

This is why the Whistleblower Protection Act 2010 matters a lot.

It is described as an Act “to combat corruption and other wrong­doings”, showing that it has a central role in the fight against corruption. And yet, according to the MACC, few people have asked for protection under the Act.

In 2015, the commission received about 6,300 reports and complaints, but only 16 people sought (and were given) protection under the Act. In fact, between 2011 and 2015, 65 people were given such protection.

In its Annual Report 2015, the MACC said more individuals were writing in to give information on corrupt practices. In addition, the commission received fewer anonymous letters in 2015 than in the year before. The MACC said this showed rising public confidence in supplying information to the commission.

The commission also attributed the trend to its improved transparency in handling information from complainants.

But what about the low number of whistleblowers seeking protection under the Whistleblower Protection Act? Can it be that few people are aware that the Act can shield them from the fallout of whistleblowing?

The authorities should look into this. There has to be more awareness of how the Act works and this should then be used to encourage more people to come forward with information that can help the graft-busters.

The corrupt should be the ones fearing the whistleblowers and not the other way round.  - The Star


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MACC starts probe on Felda Global Ventures Holdings Bhd (FGV)

Asia TechBiz Sdn Bhd | Felda Global Venture (FGV)

PUTRAJAYA: The Malaysian Anti-Corruption Commission has begun its investigation into alleged im­­proprieties involving Felda Global Ventures Holdings Bhd (FGV), a day after its group president and CEO Datuk Zakaria Arshad was told to take an indefinite leave of absence.

The MACC took a statement from Zakaria, who was called to its headquarters here yesterday.

The commission’s next move will be to send investigators to FGV headquarters in Kuala Lumpur to “see what they can find” and determine if there is a case.

Zakaria, 57, arrived at the MACC headquarters at 2.20pm alone, with no lawyers or associates accompanying him.

He brought along a stack of files, which he claimed were documents on FGV.

Zakaria looked calm when he arrived and maintained the same demeanour when he left some four hours later.

“The MACC asked me to come today. I’m also here to hand over some documents to them,” he told reporters, adding that his session was not over.

“I will be called again to give my statement, and I will give my full co-operation.”

MACC deputy chief commis­sioner Datuk Azam Baki told The Star: “We will go through his statement and will decide what to do next.”

Azam also confirmed that anti-graft investigators would go to FGV headquarters at 10am today to get hold of more documents.

On Tuesday, Zakaria and three other FGV officers were asked to take a leave of absence, which chairman Tan Sri Mohd Isa Abdul Samad said was a decision made by the board.

The other three are FGV chief financial officer Ahmad Tifli Mohd Talha, FGV Trading CEO Ahmad Salman Omar and Delima Oil Products senior general manager Kamarzaman Abd Karim.

The board’s decision came a day after Zakaria was told to resign by Isa following a series of board meetings since May 31 concerning delayed payments owed to Delima Oil Products Sdn Bhd by Safitex Trading LLC, an Afghan company with an array of businesses and headquartered in Du­­bai.

Zakaria subsequently urged the MACC to investigate allegations of improprieties in FGV and asked the commission to probe the parties behind the contracts.

Sources: The Star  by mazwin nik anis, he mananthini sivanandam, andsyed azhar

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Police OCPDs detained: RM800k cash in storeroom; Gambling dens masquerading as cybercafes

Caught in the crackdown: (From left) A Melaka-based police corporal was remanded for seven days at the magistrate’s court in Putrajaya to help in a graft probe while former Inspector P. Kavikumar and L/Kpl Muhammad Harris Mohd Rafe were charged with receiving bribes at the Sessions Court in Kota Baru.

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RM800,000 shock - cash discovered in storeroom

A whopping RM800,000 in cash was recovered from a police corporal at a police quarters as the Malaysian Anti-Corruption Commission continued with its crackdown, which has led to gambling syndicates in Melaka shutting down operations and moving out. The blitz is still ongoing with two policemen and two prison warders being charged in Kelantan.

PUTRAJAYA: When RM800,000 in cold, hard cash was found in a police corporal’s Melaka house , it shocked even the most seasoned graft busters. The money is nearly 26 years of his highest-possible salary.

However, the corporal, who is attached to the Melaka police contingent headquarters’ secret societies, gambling and vice division (D7) denied that the money – found in the storeroom of his quarters – was his.

The 52-year-old is the 10th person arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with the case of Melaka police personnel allegedly giving protection to illegal gambling dens and massage parlours.

Sources familiar with the case said the corporal claimed to be holding the money for his superior, an Assistant Superintendent who is now under remand.

“We knew that there was a possibility that we would be finding a substantial amount of money but not that much,” an MACC source told The Star.

The source said the corporal’s claim that he was just holding the money for his superior would be investigated.

“We have both of them in custody, so we will find out more – who the money belongs to, why this man is keeping a lot of cash in his house, and where the money came from,” the source said.

The corporal was picked up at his home at around 2.30pm on Wednesday as the anti-graft body continues its investigation into a protection racket for gambling dens and massage parlours said to be run by senior cops.

He was taken to a court here where magistrate Nik Isfahanie Tasnim Wan Ab Rahman issued a one-week remand order until May 24.

So far, six other police personnel – two district police chiefs with the rank of Assistant Commissioner and Deputy Superintendent, two Assistant Superintendents and two Inspectors – have been remanded to help in MACC’s probe.

Three other individuals, two middlemen and an illegal gambling den operator, are also in MACC custody.

In an unrelated case, an officer with the Subang Jaya district police was remanded for six days over allegations of receiving a RM5,000 bribe.

The 35-year-old inspector was arrested at 1.10pm at his office on Wednesday.

He is alleged to have demanded and accepted the money in return for not bringing a criminal intimidation case to court.

Source: The Star

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Gambling dens masquerading as cybercafes

The recent case in Puchong may be only the tip of the iceberg, with many illegal outlets operating within the Klang Valley. IT’S no big secret. Illegal gambling dens are thriving in the Klang Valley.

From time to time, the local councils and district police have conducted raids, but the mushrooming of these vice dens has led many to accuse the authorities of turning a blind eye to such activities.

Hardcore gamblers know where to go to get their gambling fix, but the public in general are only starting to realise the severity of the situation because of a viral video and several high-profile arrests of cops over the last few days.

The viral video shows two men entering a so-called cybercafe in Bandara Kinrara, Puchong. They rob the outlet and then take turns to rape the cashier in a hidden corner of the outlet.

While police have acted swiftly – one suspect identified from the video is now in custody – it has now transpired that the cybercafe was actually an illegal gambling den.

In fact, this is now the modus operandi of these gambling outlets. You will see a lot of desktop computers when you enter the premises, but the jackpot machines are hidden at the back.

The robbery of the cybercafe itself would have been chalked off as another crime statistic in the police district of Serdang, but the sexual assault of the unfortunate cashier and the subsequent furore on social media have thrust the case into public consciousness.

The truth is, these illegal gambling outlets have long been protected and the Malaysian Anti-Corruption Commission’s (MACC) current crackdown on rogue cops serves only to highlight this fact.

The Star reported yesterday that two OCPDs from Melaka – one an assistant commissioner and the other a deputy superintendent – were arrested by anti-graft officers for links to organised crime syndicates.

These two high-profile arrests come hot on the heels of a swoop on four other senior officers in an operation codenamed Ops Gopi. All six of these cops are believed to be in cahoots with illegal gambling and vice operators in Melaka.

So far, anti-graft officers have seized RM186,000 in cash and have frozen the bank accounts of all suspects, totalling more than RM459,000. MACC deputy chief commissioner (operations) Datuk Azam Baki said his officers were in the midst of tracing the links.

“Give us some time to unearth the inner networking. There may be more arrests depending on the course of our investigations,” he said.

What is even more alarming is information that officers in Bukit Aman could also be implicated in this protection racket. Sources say these officers had knowledge of illegal gambling and vice activities and were actively involved in collecting money from them.

The MACC should be commended for their crackdown on rogue cops, but they should also be training their guns on the Klang Valley. As I mentioned earlier, illegal gambling dens are operating with impunity in Selangor. These outlets can be found in Rawang, Klang, Selayang, Shah Alam, Sepang and even Petaling Jaya.

A few days ago, eight policemen were taken into custody in separate raids in the Klang Valley by Bukit Aman’s Integrity and Standard Compliance Department. But this investigation seems to be focused on drug dealers and their links to crooked cops, the result of which has been a major shake-up in the federal police’s Narcotics Department.

Inspector-General of Police Tan Sri Khalid Abu Bakar has said that he will not condone or protect those involved in illegal activities. “Stern action will be meted out against any personnel, regardless of rank,” he warned.

Once again, kudos to the cops for trying to get rid of this cancer which has infected the force, but the recent rob-and-rape case at the illegal gambling outlet took place just 1km away from the district police headquarters in Serdang.

Three years ago, StarMetro highlighted the fact that there were up to 40 illegal gambling dens in the Sepang district within a 5km radius. After the exposé, the majority of these outlets were shut down, but recent checks show that a number of them have sprung up again. And almost all them operate behind closed doors.

The outlets could be next to a bank, restaurant, convenience store or even a workshop, but the public remains unaware, thanks to the presence of solid metal shutters and grilles.

However, regular gamblers know that they can get in through a secret door hidden in the stairwell. The door is made of heavily tinted glass with a “no helmet” sticker on it, which serves as a code to identify the outlet.

Another common feature is a switch for a bell on the side of the door. Security is tight as the door and the five-foot way in front of the gambling dens are usually under close surveillance through CCTV.

While fingers are being pointed at police for “overlooking” illegal activities in their midst, questions should also be asked about the roles of the local councils.

The local authorities are quick to take action over unpaid assessment and quit rent, but what about cracking down on illegal gambling outlets that do not have business licences?

The writer believes that these outlets could have obtained legitimate cybercafe operating licences. The onus is on the local authorities to ensure that these business licences are not being abused.

Source: by brian martin

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Penang CM corruption case, Court to rule on motion anti-corruption act 'unconstitutional'

In this file photo taken on 30 June 2016, Penang Chief Minister Lim Guan Eng and business woman Phang Li Khoon was seen in Penang Sessions Court. Lim was charged with two counts of corruption. The High Court here today fixed March 7 to unveil its decision on a motion filed by two accused parties in the corruption case of Chief Minister Lim Guan Eng, who are seeking a declaration that Section 62 of the Malaysian Anti-Corruption Act is unconstitutional. Pix by Danial Saad

Men of law: DPP Masri (right) leading the prosecution team out of the courtroom after the day’s proceedings.

Court to rule on ‘violation’ motion ahead of CM corruption trial

GEORGE TOWN: The High Court here will rule on March 7 whether Section 62 of the Malaysian Anti-Corruption Commission Act 2009 is in violation of the Federal Constitution.

Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon want Section 62 to be declared unconstitutional as they claim it is against the tenet of “considered innocent unless proven guilty.”

Penang High Court judge Datuk Hadhariah Syed Ismail set the date after the defence and prosecution made their arguments.

Lim and Phang are facing charges under the MACC Act in relation to the sale and purchase of a bungalow in 2014 and separately filed the motion to declare Section 62 a violation of the Federal Constitution in early January.

Phang’s counsel Datuk V. Sithambaram said Section 62 must be struck down as “it is contrary to a right to fair trial and is in violation of the fundamental rights of the accused.”

He argued that the section infringes the accused’s constitutional right under Article 5(1) and Article 8(1) of the Federal Constitution.

“Section 62 of the MACC Act requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.

“However, the right of an accused to be presumed innocent and right to silence are encapsulated in the Federal Constitution.

“Article 5(1) declares that no person shall be deprived of life or liberty save in accordance with law and Article 8(1) dictates that all persons are equal before the law and entitled to the equal protection of the law.

“The court has not called for defence and yet the prosecution is asking for the statement of defence, even before the court decides. This is against the presumption of innocence,” he told the court yesterday.

Gobind Singh, acting for Lim, said the provision favours the prosecution and discriminates against the rights of the accused.

He argued that Section 62 restricted the defence of the accused person by excluding the right of an accused to expand his defence further and produce further documents at the trial.

“It is against the provisions of equality under Article 8 of the Federal Constitution.

He also said the accused could be subjected to criminal consequences under Section 68 of the MACC Act for failing to comply with the Act’s provisions and be penalised under Section 69 of the MACC Act.

DPP Masri Mohd Daud said Section 62 of the MACC Act is not discriminatory and is procedural and a general provision.

“The Act does not stop the defence from making further submissions other than those which had been submitted,” said Masry.

“The arguments that Section 62 contradicts Article 5 of the Con-stitution is far-fetched! Article 5 refers to, among others, the rights to consult a lawyer and the rights to be informed of the grounds for an arrest.”

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.

Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard between March and July.

Phang is respresented by Sithambaram, Hisyam Teh Poh Teik and A. Ruebankumar, while Lim by Gobind, Ramkarpal Singh Deo, R.S.N Rayer and Terence Naidu.

By Chong Kah Yuan The Star/Asia News Network

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United against corruption for development, peace and security

Aerial group photo of staff in Geneva simulating the Sustainable Development Goals logo on United Nations Staff Day. UN Photo/Jean-Marc Ferré.  "On International Anti-corruption Day, let us reaffirm our commitment to ending the deceit and dishonesty that threaten the 2030 Agenda and our efforts to achieve peace and prosperity for all on a healthy planet." — UN Secretary-General, Ban Ki-moon

Every year $1 trillion is paid in bribes while an estimated $2.6 trillion are stolen annually through corruption – a sum equivalent to more than 5 per cent of the global GDP. In developing countries, according to the United Nations Development Programme, funds lost to corruption are estimated at 10 times the amount of official development assistance.

Corruption is a serious crime that can undermine social and economic development in all societies. No country, region or community is immune. This year UNODC and UNDP have developed a joint global campaign, focusing on how corruption affects education, health, justice, democracy, prosperity and development.

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Work with MACC to curb graft, Malaysians urged

Raising awareness: Dzulkifli (second from left) handing out caps, posters and leaflets to members of the public at the KLCC LRT station during MACC’s walkabout session held in conjunction with International Anti-Corruption Day.

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has urged the public to work with the agency to curb graft and make the country a corruption-free nation within three years.

Its chief commissioner Datuk Dzulkifli Ahmad said efforts to combat corruption and abuse of power did not lie exclusively with MACC and should be supported by the society at large.

“Firstly, we must hate corruption. Secondly, we must reject corruption and thirdly, the people must cooperate with MACC to fight corruption and abuse of power,” he told pressmen yesterday during a MACC walkabout session held in conjunction with International Anti-Corruption Day.

Dzulkifli said he appreciated the support given by people regardless of age, race and religion because “corruption is detrimental to all layers of society”.

The MACC team and NGO volunteers distributed leaflets to RapidKL LRT passengers at 15 stations during the walkabout.

Among others, the leaflets stated that corrupt practices also included those who offered bribes to officials or made false claims for work or services done.

“If one does not report a corrupt practice, one is passively encouraging corruption and allowing the corrupt to walk free,” it said.

“Tax money and resources that are meant to build the country are being wasted or siphoned for personal gain, and the quality of goods and services provided would be poor.”

In Kota Baru, Bernama reported that at least three high-profile cases with losses worth millions of ringgit were being probed by Kelantan MACC.

State director Datuk Moh Samsudin Yusof said investigations were still in the early stages involving organisations, individuals and senior government officials.

“The cases are related to tampering with government revenue, hindering revenue collection, incurring government losses and carrying out development project without following the rules,” he told reporters after opening the state-level International Anti-Corruption Day celebration yesterday.

A total of 31 investigation papers have been opened in relation to complaints of corruption in the state this year.

By Loh Foon Fong The Star/ANN

MACC: Fight corruption with us

Commission urges public to be proactive

PUTRAJAYA: Drawing parallel to the Liverpool FC anthem You’ll Never Walk Alone, the Malaysian Anti-Corruption Commission (MACC) is calling upon the public to play a proactive role and work closely with them to nip all forms of corruption in the bud.

In saying that the fight against corruption was a never ending task, MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil (pic) said the anti-graft body would continue to carry out its duties in accordance with the three key pillars – free, transparent and professional.

<< MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil.

“Let me put on record that as long as there is a report, we will probe the alleged wrongdoer, and this includes politicians.

“We don’t need to refer to others or wait for the green light to start an investigation.

“As far as we are concerned, we will go after any shark or small fry in the public or private sector, regardless of their background, position or social status.

“Our target over the next three years is to clean up the public sector, particularly those involving enforcement authorities, local councils and government-linked companies,” he said in an interview in conjunction with the International Anti-Corruption Day today.

Shamshun Baharin said while it was impossible to totally eradicate corruption, the MACC would do all it could to cut down such unhealthy practices.

“Frankly, there is not a single country in the world with zero corruption.

“But our continuous anti-graft efforts have started to bear fruit and get strong public support.

“We have also received international recognition. Some countries have requested to sign MoUs to share our expertise,” he said, citing Bhutan, Bangladesh, Iran, Pakistan and Mongolia.

Shamshun Baharin said battling public perception was still its biggest challenge, and that the MACC was also trying hard to convince people to give information and lodge reports.

“Whistleblowers are worried about personal safety and that of their family members, so they choose to remain quiet.

“But this will permit wrongdoers to continue with their wicked ways for personal gain,” he said, adding that the Witness Protection Act 2009 and the Whistleblower Protection Act 2010 could be used to protect the identity of informers and keep them safe.

Shamshun Baharin said public expectation was high and that the people were scrutinising all cases, especially those involving big names and seizures, and alleging that the MACC was being selective.

“But they fail to realise that we only have investigative powers.

“Prosecution is solely in the hands of the Attorney-General while the courts decide on the verdict,” he said.

By Simon Khoo The Star/ANN

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Easy to catch the corrupt if with a catch-all clause to tighten anti-corruption laws

"First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence."

"It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."

UNTIL October 2006, few people outside political circles knew him. He rose from an obscure railway gatekeeper staying in a one-room quarters at the railway crossing where he was required to raise the barriers to allow vehicular traffic to flow after the trains had passed by.

By the time theSun front-paged the story on his "meteoric rise" and his "palace" which he had built on land meant for low-cost housing, his positions in the party and as a state assemblyman were hanging by a thread.

The late Zakaria Mat Deros (God bless his soul) gained notoriety for building his 16-bedroom house without even submitting building plans. He had not paid the assessment for 12 years on two low-cost units previously occupied by his large family.

So, last week nostalgia came back when the Ikan Bakar man took journalists on a helicopter ride to show the "palace" of a politician – a divisional youth leader in the opposition.

Preceding this, Crime Watch supremo alleged that the inspector-general of police had himself built yet another "palace" in Mantin.

The accusers in both instances asked the relevant authorities to investigate them alleging that they must explain how they got the money to acquire such property.

This prompted a Facebook user to suggest in jest that he wants partners to start a helicopter service for aerial tours to pick out mansions of politicians. In banter, I offered my services and reasoned that I had a good track record.

Over the years, I have come across several ordinary cikgu who became millionaires after their foray into politics. There are scores of "politically connected people" (to borrow a term that has now become the new mantra for banks and bankers) living in similar luxury.

There are also good people who stepped into the dark side unable to resist their own temptation or that of their wives to lead different lifestyles and keep up with the Joneses. There are some female golfers who even have golf bags to match the colour of their attire.

Then there's the average man who is turned over because he can't make ends meet on his meagre salary and many dependants. But the law does not differentiate between the poor, the middle class and the rich. Perhaps, such a factor could be pleaded in mitigation for a lighter sentence.

I have been repeatedly told that being rich or wealthy does not constitute an offence.

An offence only takes place if the money is obtained illegally – corruption, money laundering, criminal breach of trust, cheating and the like.

Asking the authorities to investigate the source of the money is dangerous territory full of mine fields and cluster bombs.

First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence.

Second, if he or she is caught with the cash or money in the bank, a non-acceptable explanation would lead to charges of money-laundering – NOT corruption; not getting assets through corruption; not getting money from illegal activities.

We had the perfect opportunity to put it right when former prime minister Tun Abdullah Ahmad Badawi promulgated the Malaysian Anti-Corruption Commission Act to replace the outdated Anti-Corruption Act towards the end of his tenure.

In the proposals was a clause which stated: "It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."

By the time this legislation was presented as a bill in Parliament, this clause had been removed from the original draft. We were then told that several "warlords" within the system opposed the clause because they themselves would have to account for their wealth!

So, instead of putting the onus on the official suspected of corruption to prove he earned the money legitimately, the prosecution has to prove that he had received a gratification. That is difficult because corruption is a victimless crime. Both giver and taker benefit and one usually will not squeal on the other.

In the absence of such legislation, the prosecution usually files money laundering charges. But the core issue of proving that he or she was a corrupt person through the legal process becomes almost impossible. In such circumstances, it leaves Joe Public's imagination to run wild as to the source of the wealth.

Under these circumstances, shouldn't that catch-all clause be re-visited with a view to tightening our anti-corruption laws? Hong Kong has been successful in its fight because such a clause in its legislation empowers officers from the Independent Commission Against Corruption to serve notice demanding explanations from suspected corrupt officials.

If they fail to provide a plausible or satisfactory account of their wealth, they are prosecuted. A few like-minded lawyer-friends had a discussion on this and came to the conclusion that if this clause is incorporated, our prisons would be overcrowded.

From Citizen Nades - Easy to catch the corrupt by R. Nadeswaran

R. Nadeswaran had the benefit of seeing the "new" legislation before and after it was presented and passed in Parliament. Comments: citizen-nades@thesundaily.com

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