The MACC should haul up the Prime Minister for questioning over allegations by BN strategic communications director Abdul Rahman Dahlan that the Prime Minister had to “take out people” after an alleged charge sheet against him emerged.
A report was lodged over the 16.8.2015 article in Malaysiakini in which questions were raised as to the application of section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 to the facts of the case.
That section reads as follows;
“(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.”
The phrase “officer of a public body” is defined in section 3 of the act to include “a member of the administration” and that phrase according to Article 160(2) of the Federal Constitution includes a Minister. In PP v Dato Seri Anwar Ibrahim (1999) 2 MLJ 1, the court held that “Minister” in Article 160(2) in the context of abuse of power under section 2(1) of the Emergency (Essential Powers) Ordinance No 22 of 1970, includes Prime Minister.
It is therefore my considered view that the phrase “officer of a public body” in section 23(1) would include a Prime Minister as well.
Section 23(1) further speaks about the use of one’s position “for any gratification” for himself.
There is a presumption under s23(2) which says that the officer shall be presumed to use his office for gratification when he makes any decision or takes any action in relation to any matter in which he has an interest, be it directly or indirectly.
In this case Rahman Dahlan’s statement is clear enough. He says the Prime Minister did that after an alleged charge sheet against him (ie the PM himself) emerged. That to my mind is a matter in which the Prime Minister had an interest.
There is enough material for the MACC to call in the Prime Minister for questioning.
Whether or not any offence has been committed is left to be seen. That would depend on the outcome of the investigation and I reserve my comments on that for later.
There must be equality when it comes to the application of law.
When it came to Anwar Ibrahim, there was swift action. The MACC must act likewise in this case. The Prime Minister should be called in for questioning without delay.