12 theSun | MONDAY FEBRUARY 23 2009

speak up!

Let’s have updates

public
are de-
manding
answers
to:
» Shouldn’t
the past pres-

on all graft cases

“... every official, from the
Prime Minister down to a con-
stable or a collector of taxes,
is under the same responsibil-
ity for every act done without
legal justification as any other
citizen. The [Law] Reports
abound with cases in which
officials have been brought
before the courts, and made,
in their personal capacity, li-
able to punishment, or to the
payment of damages, for acts
done in their official character
but in excess of their lawful
authority. [Appointed govern-
ment officials and politicians,
alike] ... and all subordinates,
though carrying out the
commands of their official
superiors, are as responsible
for any act which the law does
not authorise as is any private
and unofficial person.
– Law of the Constitution
(London: MacMillan, 9th ed.,
1950).
THIS quote was used in a
column two years ago when
arguing for the need for all
citizens to be treated equally
before the law.
And what hap-
pened on Friday
goes to illustrate
this point. The
Malaysian Anti-
Corruption Com-
mission (MACC)
announced that
it had sufficient
evidence to indict
Selangor Mentri CitizenNades sition to donate
Besar Tan Sri
by R. Nadeswaran
Abdul Khalid
Ibrahim for abuse
of power. The MACC’s state-
ment has drawn flak from
Abdul Khalid’s co-leaders in
Pakatan Rakyat while not un-
expected though, has got the
support of those on the other
side of the divide. It would be
wrong to say that the MACC
erred because the majority
of like-thinking Malaysians
had for years, clamoured for
an independent, partisan and
efficient body to fight corrup-
tion. We got it in the form
of the MACC and if it is the
“new” way it is going about
to be doing its job, there’s no
other congratula-
tory word except
Syabas for its ef-
ficiency.
It has been less
than three months
since Hari Raya
Aidiladha when
the issue of Abdul
Khalid allegedly
misusing his po-
cows for slaughter
in his parliamen-
tary constituency
of Bandar Tun Razak came
up.
And it has been about a
month since the issue of his
personal car was publicly
raised. Let us congratulate
the MACC for investigating
and wrapping up the case in
a speedy manner. Well done,
once again.
Having set a precedent in
speed and practising trans-
parency in Abdul Khalid’s
case, let me as an interested
party (having knowledge and
provided information) raise
some other issues which the
idents and
officials of
the Petaling
Jaya City
Council
be brought
before the
courts, and
made, in
their personal
capacity, liable to
punishment, or to the pay-
ment of damages, for acts
done in their official character
but in excess of their lawful
authority? Did they abuse
their positions when they
decreed that all applications
for outdoor billboard licences
should go through the sports
club? They definitely broke
the law by accepting “dona-
tions” in lieu of licence fees
from advertisers. Besides,
proceeds from the sales of
its own publications were
channelled to the sports club.
If there’s an open-and-shut
case of excess of their lawful
authority, this is it. I can say
this with conviction because
the then ACA opened the files
on this case more than three
years ago.
» Shouldn’t the officials of the
Youth and Sports Ministry be
brought before the courts, and
made, in their personal capac-
ity, liable to punishment, or
to the payment of damages,
for acts done in their official
character but in excess of
their lawful authority? The
ministry used RM17 million of
taxpayers’ money to stage an
international junior inter-club
tournament, which ended in
a flop. Besides, it advanced
yet another RM8 million for
the same tournament which
has yet to take place. The
ministry and its officials had
abused their powers by acting
as sports promoters or going
into business.
» What happened to the infa-
mous “Gasing Hilton” which
operated illegally for 13 years
where
the dearly
departed used it as their last
place of rest? The ACA was
even provided with photo-
graphs and even a letter of
support for the illegal funeral
parlour in Petaling Jaya. Yes,
it was investigated but was
there a public pronouncement
of the status of the investiga-
tions and the case?
» Minutes of state exco
meetings were forged and
presented at a court hearing.
Reports were made but no-
body knows the outcome of
the investigations. Shouldn’t
the aggrieved parties be told
about the case and shouldn’t
the MACC provide a status
report?
» Land meant for public
facilities like telecommunica-
tions exchange, surau and
playing field were alienated
to individuals and political
parties by the former Selangor
state executive council. These
cases have been widely re-
ported but the MACC has yet
to lift a finger let alone provide
details of its investigation.
» State-owned Syarikat
Permodalan Selangor had
bought a RM159,000 watch
for the then mentri besar.
Shouldn’t the board members
be investigated for abuse of
their positions?
Terence Fernandez and
I would be lying through
our teeth if we said that we
opposed the MACC. On the
contrary, we were campaign-
ing for an anti-corruption
body with bite. We were
and still are of the opinion
that the MACC set-up if
not the ideal model, is the
best we can have under the
present circumstances. The
MACC has set high standards
in Abdul Khalid’s case – effi-
ciency and speed. What about
the hundreds of other cases,
including the pending 900
cases of money politics?
Would it come out in the
open and tell us the status of
cases like investigations into
the file provided by former
Gerak chief Ezam Mohd Nor
on the wrong-doings of a
cabinet minister? Or would it
charge him for making a false
report?
Similarly, what has the
MACC done on the wrongdo-
ings of public servants whose
dubious deals have been
listed in the auditor-general’s
report?
Yes, MACC, you have set
the ball rolling and you have
to keep it in motion. Once it
stops, you’ll be accused of
practising double-standards
and that you are not being
independent.
You’ll be accused of se-
lective prosecution and that
would be a difficult charge to
defend in view of your recent
stand. The ball is at your feet
and you have to kick it the
way it should be. Scoring your
own goal won’t win you any
accolades or supporters.
R. Nadeswaran applauds
the MACC for its new-found
efficiency but hopes that its
decisions will be consistent. He
is editor (special and investi-
gative reporting) at theSun.
He can be reached at: citizen-
nades@thesundaily.com.

letter
letters@thesundaily.com

Without fear
or favour?
I SUPPOSE I should congratulate the
MACC chief commissioner for his alacrity
in providing proof of the Selangor Mentri
Besar’s misuse of powers, alas I cannot
bring myself to do so.
Never in the history of Malaysia has an
anti-corruption agency been so efficient.
When the commission was set up, Malay-
sians were buoyed that at last we would
have an agency that would put a stop to
corruption in the country. We expected the
MACC to carry out its function without “fear
or favour”. It is certainly without “fear” but
can we believe without “favour”?
It is naive for the commissioner to make
us believe that his disclosure to the press
“that we have good and strong evidence”
was done in the public interest. The dis-
closure was deliberate – to influence the
public’s perception of the mentri besar.
The episode reeks of political con-
spiracy.
I am not a supporter of corruption,
regardless of who commits it, but I believe
in the law that a person is innocent until
proven guilty.

C.H.Yap
Kuala Lumpur