No escape for hostile witnesses, warns MACC panel

2010/02/09

Lee-Shi-lan

KUALA LUMPUR: Three high profile cases last year, investigated by the Malaysian Anti-Corruption Commission, were jeopardised after main prosecution witnesses
turned hostile. The star witnesses were subsequently charged with perjury or giving false evidence and are now facing jail terms of up to seven years with fines, under Section 193 of the Penal Code.

In issuing a stern warning to witnesses,MACC Operations Review Panel chairman Tan Sri Hadenan Abdul Jalil said they would come down hard on hostile witnesses.

Declining to elaborate on the cases, he said the witnesses completely changed t h e i r statements resulting in the cases being severely jeopardised.

It was, however, learnt that one high-profile case involved the trial of former Federal Territory Umno Youth chief Datuk Mohamad Norza Zakaria and his agent Halimi Kamaruzzaman.

The witness in that case, Mohd Taupik Hussain, 39, was charged with three counts of giving false evidence in the trial.He was charged at the Temerloh magistrate’s court in November.

Taupik, the Federal Territory Umno Youth secretary, had alleged that MACC officers forced him to make statements implicating Norza in corrupt practices. Further allegations included being stripped to his underwear and subjected to verbal and physical abuse during interrogation.

Norza and Halimi were charged with two counts of bribing Umno delegates to vote for the former in his attempt to defend his supreme council seat during the party elections in March last year.

Hadenan warned that witnesses who turned hostile faced prosecution.

“Equity is an important factor to consider when the MACC probes cases. There must be sufficient evidence before we can charge anyone,” he said at the MACC training academy in Jalan Duta yesterday.

“But in several instances, there is lack of cooperation from the public which makes it difficult for the MACC to proceed with prosecution.

“If the MACC proceeded and charged the individual only to have the case thrown out, it would also look silly.” The Operations Review Panel is the watchdog of the MACC.

In reviewing operations last year, Hadenan revealed that 939 investigation papers were opened last year.

He said 633 of those cases were passed on to the MACC’s legal department for further action while another 133 cases were classified as no further action (NFA).

The remaining 173 cases are pending.

Hadenan also said MACC received 12,300 tip-offs from the public last year. However, after checking each allegation, only 50 per cent had elements of corruption.

Investigations into those cases, however, were also hampered due to lack of witnesses willing to cooperate with the MACC.

He also disclosed that the MACC was outsourcing for experts from the corporate sector on certain cases which required expertise. He cited forensic accounting as an example.

“There are cases where the accounts had been doctored and experts are needed to assist in the i nve s t i g at i o n s , ” he said.

Aside from Hadenan, who was the former auditor-general, the panel also comprised the iA Group chief executive officer Datuk Dr Hamzah Kassim, former Malaysian Institute of Accountants president Nik Mohd Hasyudeen Yusoff, former Malaysian Chartered Institute of Arbitrators chairman Datuk Cecil Abraham, Amanah Raya Trustees Bhd director Datin Aminah Pit Abd Rahman and the Malaysian Institute of Accountants’ Audit and Assurance Standards Board board member D.S. Walter Sandosam.

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