When MACC, MCMC witness statements are leaked

There are two ways of lodging a police report. The complainant can provide a written report to the police or make a verbal complaint to the police officer on duty who will then record it in what is known as Borang 55.

In most instances, police reports assist in the investigation of cases of wrongdoing. Such reports contain dates and times, places and even names of witnesses and alleged perpetrators. Hence, it is best not reveal contents of the reports because the “element of surprise” would disappear when investigations are in process. This may also prompt suspects to destroy evidence or interfere with potential witnesses.

In the case of witness statements, they are deemed confidential because they involve (yet to be proved) allegations which would be used if the case goes to court.

Call it a Malaysian malaise, there are many who use and continue to use their police reports for their five minutes of fame. In 2015, Abdul Rani Kulup (photo), the man who heads right-wing Malay group Martabat Jalinan Muhibbah Malaysia (MJMM) claimed he has lodged up to 1,000 complaints since 2011 and declared that he was very proud of it.

Two incidents in the past two weeks have shaken public confidence in two core enforcement agencies after confidential matters contained in witness statements were made public. Don’t get me wrong: I still believe and insist that we need a Freedom of Information Act, but in these two instances, the contents formed part of the investigations and no charges have yet to be preferred.

Two weeks ago in Johor Bahru, property consultant Amir Shariffuddin Abd Raub alleged that his statement to the Malaysian Anti-Corruption Commission (MACC) in relation to a graft case was leaked.

Amir is one of the suspects in a Johor property scandal. He lodged a police report as the leaked statement, which had gone viral, differed from the statement he had given to the anti-graft agency.

The 140-page statement given to the MACC was uploaded onto a blog, along with a transaction schedule purportedly showing money going to Johor Menteri Besar Mohamed Khaled Nordin.

On Thursday, The Malaysian Insight (TMI) chief executive officer and editor Jahabar Sadiq lodged a police report in Kuala Lumpur over the leak of confidential information contained in his witness statement to the Malaysian Communications and Multimedia Commission (MCMC) as part of an investigation into the news portal.

In his police report, Jahabar said he discovered the leak in an article published by news portal Malaysian Gazette quoting Azwanddin Hamzah of Jaringan Melayu Malaysia (JMM) who alleged, among others, that TMI’s holding company Inside Media Sdn Bhd received foreign funds.

“Azwanddin Hamzah has leaked and twisted several facts I made in my statement to MCMC. I am concerned that my personal details in my statement, which are supposed to be confidential, have been leaked to Azwanddin and to the public through the article,” Jahabar told the media.

Both the alleged leaks have serious consequences on the credibility, integrity and trustworthiness of the MACC and MCMC. Once again, it raises the issue of the independence of these agencies and their ability to carry out investigations discreetly without compromising information that had been provided to them.

How the leaks occurred and who were responsible for them is now for the police to establish, but in the meantime, whatever left of the reputation of MACC and MCMC has taken a severe beating. Who would come forward as witnesses or act as whistleblowers when these agencies blow the cover such brave people?

Case dropped

On Monday, the MACC took an unprecedented step by announcing it had dropped its case against suspended Majlis Amanah Rakyat (Mara) chairperson Annuar Musa in relation to alleged abuses of power.

Its deputy chief commissioner in charge of operations, Azam Baki, was quoted by Sinar Harian as saying that this was due to insufficient evidence relating to the allegations.

“After looking at the matter, the prosecution has decided to not charge him. This is because the statements taken and the evidence collected so far is insufficient to charge him,” Azam was quoted saying.

Annuar was not arrested but in August, the MACC arrested Sg Puyu assemblyman and Penang exco member Phee Boon Poh and who was subsequently paraded in his lock-up uniform. To date, no charges have been preferred and neither has he been exonerated by the MACC.

In October, the MACC arrested two businessmen and an accountant involved in the sale of a piece of land belonging to Great Alonioners Trading Corporation Bhd (Gatco) in Seremban. The businessmen were purchasers and the accountant was appointed liquidator of the assets of the company. Yet, they were paraded around in the magistrate’s court (yet again in lock-up uniform) when they sought to extend their remand.

No one has passed judgment on their guilt or innocence but if the MACC can make pronouncements exonerating a high-profile politician like Annuar, shouldn’t ordinary people who are investigated deserve the same treatment?

In May, the MACC launched a crackdown on a supposed racket operating in the Malacca police headquarters and arrested 10 people. Among those arrested were the Melaka Tengah CID chief, two police district chiefs and four other officers – two inspectors and two assistant superintendents of police (ASPs).

From the house of another suspect - a police officer with the rank of corporal, the MACC seized cash amounting to about RM800,000 found in the storeroom of his house.

Why the MACC has not given updates on the operation, codenamed “Ops Gopi”, remains a mystery. While the MACC is quick on the draw in some cases, it appears that it is taking an unduly long time to deal with this high-profile case which involves senior officers.

At the height of the media frenzy which was followed by a lull in information on the case, Sarawak Report claimed that the case had been closed on the orders of Prime Minister Najib Abdul Razak.

“It’s not true. Investigations are still on,” MACC deputy chief commissioner Azam then told Malaysiakini. “MACC is conducting its investigations with no influence from other parties,” he added in reference to the protection racket case.

The crackdown started in May. Azam gave this assurance in July. It is now December. When will we see some form of action or will it be a case of “lack of evidence” as in Annuar’s case, notwithstanding the fact that a large amount of cash was seized. If this has been deemed a “cold case” and sent to the MACC ‘morgue’, the public have a right to be informed.

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R NADESWARAN is a veteran journalist who has been vocal on issues related to good governance of which acting without fear or favour is an important limb. Comments: citizen.nades22@gmail.com.- Mkini