The revelation by the Malaysian Anti Corruption Commission (MACC) that it had completed investigations into graft allegations against Musa Aman and had handed over the necessary investigation papers to the Attorney General’s Chambers (AGC) in 2012 for its further action implies quite clearly that the MACC was of the view that there was a case against Musa back then.
The failure of the AG to take action against Musa in 2012 itself raises a very serious concern pertaining to institutional reforms which is one of the priorities of the Pakatan Harapan (PH) government – the independence of such institutions.
Musa was not charged in 2012 because the MACC lacks prosecutorial powers and depends on the consent of the Public Prosecutor (the AG) to initiate a prosecution against him which the Public Prosecutor presumably did not give.
Similarly, former AG Tan Sri Apandi Ali saw it fit to clear former Prime Minister Najib Razak of any wrongdoing in the 1MDB saga despite there being evidence to the contrary which has led to Najib being charged with multiple counts of corruption today involving the said sovereign wealth fund.
If the MACC was truly independent and had its own prosecutorial powers, it could have charged Musa and Najib back then if it had evidence against them, regardless of what the AG thought.
The failure of the then AG to act on evidence gathered from the investigations of the MACC against Musa in 2012 suggests a dereliction of duty on his part and can be seen as an obvious move to clear Musa, the same way Apandi cleared Najib.
In the circumstances, it is imperative that legislative reforms are introduced at once to the MACC Act, 2009 to give the MACC the power to institute prosecutions on its own without the need to obtain the consent of the Public Prosecutor which is the current position as mandated by section 58 of the MACC Act, 2009.
Article 145(3) of the Federal Constitution would also have to be amended with a two thirds majority in Parliament to restrict the AG’s power to discontinue such prosecutions initiated by the MACC to avoid a situation where a prosecution by the MACC is discontinued by the AG at his absolute discretion.
Not doing so may result in the said proposed amendment to the MACC Act, 2009 being declared unconstitutional.
I can see no reason why such a Constitutional amendment would not receive support from the opposition to make up a two thirds majority since it is clearly for the benefit of the administration of justice and for the betterment of the country.
In light of the above, I will propose such amendments in Parliament when it resumes this coming week and urge the government to seriously consider same in light of the obvious anomaly that has arisen as a result of the MACC’s lack of prosecutorial powers.
Cases such as Musa’s and Najib’s must never be allowed to repeat themselves and for that to happen, the MACC must be given the bite it desperately needs, or it will forever remain a toothless tiger.