Recently, there have been several issues arising where individuals are seen to be reluctant to cooperate in investigations and they have portrayed the law enforcement agency as having negative intentions towards the parties involved.
It must be emphasised that law enforcement agencies like the Malaysian Anti-Corruption Commission (MACC) play a crucial role in providing services to the public, in maintaining public safety and security by detecting, preventing and resolving corruption crimes.
In line with its role as the sole anti-corruption entity in Malaysia, MACC's legislative jurisdiction under the MACC Act 2009 is specifically focused on investigating and preventing any form of corrupt behaviour and abuse of power.
The powers of MACC under the MACC Act 2009 outline two main objectives:
PROMOTING integrity and accountability in public and private administration by establishing an independent and responsible anti-corruption body; and,
EDUCATING public authorities, public officials and the public about corruption and its adverse effects on public and private administration and the community.
In fulfilling this responsibility, meeting witnesses, conducting interview sessions and conducting interrogations are the core of the investigative process and the collection of necessary information that must be carried out thoroughly.
The objective is to obtain accurate information and solid, reliable evidence to complete the investigation. Therefore, every action taken, including summoning individuals for information, must follow a procedural process based on the law and aim to provide justice to all parties.
Furthermore, it is the responsibility of the investigator to ensure that every individual under investigation is treated with dignity and respects the norms of human rights, as this will lead to a legitimate outcome in accordance with the law.
However, unfortunately, recent issues have arisen where the formal notice of summons to appear to assist in investigations has become a complicated matter for some. In fact, a summons to act as a witness for MACC investigations is perceived to have a hidden agenda.
In this regard, the public needs to fundamentally understand the rights and powers of MACC in carrying out its responsibilities.
Based on the act, MACC has the right and authority to command any person for the purpose of investigation, as stated in Section 30(1)(a) of the MACC Act 2009.
The section reads as follows:
A Commission officer investigating an offence under this act may—
(a) require any person to attend before him to be examined orally in relation to any matter which, in his opinion, may assist in the investigation of that offence.
Moreover, no individual should consider aiding the investigation as trivial and provide various unreasonable excuses.
In fact, the failure to comply with this order can be categorised as obstructing an investigation under Section 48(c) and (d) of the MACC Act 2009, which states the following:
Any person who—
(c) fails to comply with any request, notice, order, or lawful requirement of a Commission officer in the discharge of his duty under this Act;
(d) refuses or neglects to furnish any information reasonably required of him by a Commission officer and which he has the power to give.
As offenders, they can be punished with a fine not exceeding RM10,000 or imprisonment not exceeding two years or both.
Furthermore, engaging in this kind of excuse-giving behaviour can raise the perception of whether these individuals are actually involved in unlawful activities, to the extent that they are willing to complicate matters with their evasive tactics.
In essence, if we have not committed any wrongdoing, we should not be so quick to offer excuses that delay the investigative process by engaging in such behaviour.
As the old saying goes, "berani kerana benar, takut kerana salah" (courage comes from being right, fear comes from being wrong).
It is indeed fitting to describe some of the cases that have occurred.
* The writer is deputy director of Investigations Department, Malaysian Anti-Corruption Commission