MACC must haul Najib in for questioning, says Gobind

Apply equality of the law and haul in the PM just as swift action was taken against Anwar Ibrahim, says Gobind Singh Deo.

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) should question Prime Minister Najib Razak about Abdul Rahman Dahlan’s allegations that the former had to “take out people” after an alleged charge sheet against him emerged, says DAP’s Gobind Singh Deo.

The Puchong MP said that a report had already been lodged over the Malaysiakini article that raised questions of the application of Section 23(1) of the Malaysian Anti-Corruption Commission Act 2009 to the allegations.

Section 23(1) states that “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.”

“It is my considered view that the phrase “officer of a public body” in Section 23(1) would include a prime minister as well,” said Gobind.

He noted that the phrase “officer of a public body” was defined in Section 3 of the act to include “a member of the administration”, which according to Article 160(2) of the Federal Constitution included 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, included the prime minister.

“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,” he said.

“In this case Rahman Dahlan’s statement is clear enough. He says the Prime Minister did that after an alleged charge sheet against him (i.e. the PM himself) emerged.

“That to my mind is a matter in which the prime minister had an interest.”

The MACC has enough material then to call Najib in for questioning, he argued further.

“Whether or not any offence has been committed is left to be seen. 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.”