Mr Teoh dead body found on MACC building tarnish image of MACC.
The Malaysian Anti-Corruption Commission (MACC) Complaints Committee has proposed that CCTV equipment be installed in its statement recording area and for a special room to be set up to examine witnesses.
It has also proposed that MACC ensure better security in its offices such as by having facilities like fencing, grille, security guards and CCTV equipment.
This was among recommendations made by the committee following an internal inquiry it conducted based on the Teoh Beng Hock case.
Committee chairman Datuk Mohd Noor Abdullah said they initiated the inquiry based on available reports, including in the media.
The inquiry yielded a report on compliance with the investigative procedures in the MACC, which was handed to MACC chief commissioner Datuk Seri Abu Kassim Mohamed, together with the committee’s Annual Report for 2009.
Apart from Mohd Noor, a former Court of Appeal Judge, the committee set up early last year, comprised Datuk Muhammad Mohd Noor (former deputy secretary-general of the Prime Minister’s Department), Datuk Wan Abdul Wahab Abdullah (former Public Complaints Bureau director-general), Chooi Mun Soo (advocate/solicitor) and M. Ravindran (advocate/solicitor).
It has also proposed for the interrogation process to take into account a witness’ health, comfort and safety as well as MACC officer’s responsibility for the witness until the latter has left the MACC premises.
Among the other recommendations were for MACC to:
> review, study and adapt witness examination procedures of other enforcement agencies like the Hongkong Independent Commission Against Corruption;
> improve weaknesses and update its Chief Commissioner Standing Order on witness handling and statement recording procedures; and
> enhance logistics like in terms of computer facility and the setting up of MACC complex to ensure comfort, safety and secrecy.
Abu Kassim said MACC will study the recommendations, adding some of them have been implemented.
Mohd Noor said the inquiry on Teoh’s case was done based on eight terms of reference, including:
> to evaluate the investigation urgency in recording witness statement until early morning;
> to check whether it is legal for an officer to take preliminary statement before the actual statement recording process; and
> to determine whether a witness who was allowed to go back but chose to stay in MACC premises is under the responsibility of the MACC.
Mohd Noor refused to say if they proposed for interrogation to be conducted only during office hours.
In 2009, the committee received 84 complaints from six sources – letters, chain letters, phone calls, Internet, mass media and its e-Aduan service.
They were for misconduct (14), power abuse (27), negligence while on duty (14), non-compliance with procedures (2) and others (27).
Of the 84, Mohd Noor said, the committee has opened 66 files while others have been described as repeated, incomplete or for the action of other divisions.
Of the 66, 11 were still under investigation while 55 cases have been completed with five complaints found not true, five issued with warning letters, four referred to MACC disciplinary board and 41 no breach of conduct.
At the same time, the disciplinary board has received seven cases involving two officers who were dismissed for not coming to work and two others released.
Troubled by the public’s negative perception of the Malaysian Anti-Corruption Commission (MACC), the Anti-Corruption Advisory Board has made two recommendations to turn it into a more credible institution.
One is that the Federal Constitution be amended to pave the way for the creation of an Anti-Corruption Service Commission for the appointment, confirmation and promotion of members of the anti-graft body.
The other is for the top graftbuster to be accorded a position equivalent to the inspector-generalof police.
The Independent Commission Against Corruption Hong Kong, which the MACC was modelled after, has a commissioner who is the equivalent of the Commissioner of Police of Hong Kong.
These two recommendations were among four made by the 13-member board after it went through the MACC Annual Report 2009.
The board said that the the Anti-Corruption Service Commission would give the MACC more autonomy as well as empower it to acquire and manage its human resources more efficiently.
“This will contribute towards a more credible institution that discharges its functions and responsibilities more effectively,” the 13-member board said in its recommendations made available to the New Straits Times.
The board, chaired by former chief justice Tun Abdul Hamid Mohamad, said despite a credible performance last year, the MACC’s biggest challenge was to rectify the negative perception the public had against it.
"The long-term goal should be to make the MACC one of the leading anti-corruption bodies in the world and for Malaysia to be seen as a corruption-free country," it said.
The board said the chief commissioner's office should be recognised as an independent position with heavy responsibilities.
The board added that the chief commissioner was appointed by the Yang di-Pertuan Agong on the advice of the prime minister. He takes his oath of office before the king similar to the appointment of ministers.
It was recommended that the position be upgraded from grade Staff Three of the Public Services Commission to attract the best candidate, either from within or outside the civil service.
The board, which advises the MACC on the prevention of corruption, also called for adequate funds and competent staff for the anti-graft body.
It was pointed out that while the MACC was allocated RM161.03 million last year, more than the previous year's RM146.727 million, the allocation for this year was lower -- at RM156.84 million -- and less than half of its request.
"Unless the MACC is provided with adequate budget and competent staff, it will not be able to fulfil the great expectations and attain the high goals that have been set for it, that is as the second National Key Results Area and raise the country's ranking in the Transparency International corruption perception index," it said.
