A Piece Of Shit, By Any Other Name Smells Just The Same
April 25, 2008
Just want to share a quick word on the proposed reforms for the Anti-Corruption Agency (ACA) in Malaysia that was announced by PM Badawi recently. The idea was to model the ACA like an independent commission that is answerable to the Malaysian Parliament. Basically, try to mirror what the ICAC in Hong Kong is doing.
Those of us who grew up watching HK dramas would certainly have an impression of the ICAC as a no-nonsense organization that nails the corrupt businessmen, bad cops, and scheming lawyers. It would be a dream if the ACA can emulate ICAC, because we could do without the cloud of corruption hanging over the nation and its people.
Of course, since this is Badawi we are talking, his announcement has not been followed up with plans for concrete implementation or even a time line. We only know that the ACA has been given until the end of the year to submit its own proposals for reform. Forgive me if I have some reservations about this whole thing, which could just end up being a cosmetic face-lift. Also, the following conversation I had with a friend got me thinking about what it means to be an independent commission:
PenangFella (23/4/2008 9:28:29 PM): no one actaully serious want to fix this country
PenangFella (23/4/2008 9:28:43 PM): they prefer to grow their own power
PenangFella (23/4/2008 9:28:49 PM): + $$$$$$$
klaw (23/4/2008 9:29:13 PM): yeah. even the PM announce ACA independent etc. i still have doubt
klaw (23/4/2008 9:29:21 PM): cuz it could just be all talk only
PenangFella (23/4/2008 9:29:25 PM): hahaha…
PenangFella (23/4/2008 9:29:51 PM): he just talk c*ck
PenangFella (23/4/2008 9:30:26 PM): spr should be independent too
PenangFella (23/4/2008 9:30:29 PM): but what happen?
Ooooo, SPR, or what we know in English as the Elections Commission in Malaysia. Despite the opposition gains during the last General Elections, there is still a huge doubt over the independence of the EC, due to the possibilities of abuse in postal voting process and also the sudden U-turn over the use of indelible ink. A chairman that publicly professes his preference for certain political parties does nothing to dispel the people’s doubts over the EC’s independence.
Here is what R Nadeswaran has to say about the proposed reforms:
Veteran journalist R Nadeswaran today told a public forum that claims of reforming the Anti-Corruption Agency (ACA) were worth a “good laugh” because it was still not independent.
Commenting on plans to turn the often criticised ACA into a full-fledged commission, Nadeswaran said the new commission was still not independent because prosecutions were still being carried out solely by the Attorney-General’s Chambers.
Speaking to Malaysiakini later, Nadeswaran explained that by the limited amount of details released by ACA and the prime minister, it appeared that the new commission has less powers than the ICAC.
Similar to ACA, the ICAC submits its findings to the A-G’s Chambers. However, should the A-G find that no further action is needed, the ICAC can submit the investigations papers to an independent review committee.
Nadeswaran explained that in countries such as the United Kingdom and Australia, private prosecutors can also be appointed to prosecute on behalf of anti-graft agencies.
“Even now, ACA has its own deputy public prosecutors. They don’t have to solely rely on the A-G’s discretion,” he said.
Nadeswaran seems to be hinting that the Attorney-General’s chambers might just close an eye to ACA’s reports. Who is Malaysia’s Attorney-General? Tan Sri Abdul Gani Patail.
Is he government-friendly? I think all Attorney-Generals have to be to a certain level, but I also feel that the AG has to maintain some sort of independence and put the country’s interests first over the government’s interests.
Some of Abdul Gani Patail’s cases in the past:
- Prosecutor in the Anwar Ibrahim corruption and sodomy trials (which many now see as a an attempt falsely discredit Anwar)
- Prosecutor in the Hindraf 31 case, charging all of the men with attempted murder (who were later released after a government amnesty)
I personally don’t trust him, but of course, that’s just me.
Come to think about it, this reminds me of a saying which I hope I won’t have to attribute to the new ACA: “A piece of shit by any other name, smells just the same.”
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1 Response to “A Piece Of Shit, By Any Other Name Smells Just The Same”
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I agree…but it must ne noted the right to institute all prosecution lies with the attorney General as stated in the Federal constituion- Art 145(3)…
The proposed amendment however should be welcomed as it is a positive step….
April 25, 2008 at 5:46 pm