MACC claims witnesses request for after-hours questioning

KUALA LUMPUR, May 23 — Datuk Abu Kassim Mohamed today defended the Federal Court’s decision to allow the Malaysian Anti-Corruption Commission (MACC) unlimited access to witnesses, saying those questioned had requested to give statements after office hours.

The apex court had reinstated the body’s right to question witnesses beyond office hours after a lawsuit that questioned its powers.

“There are many cases where witnesses themselves asked for their statements to be taken after office hours due to their work. They request for their statement to be taken after office hours,” the MACC chief commissioner told reporters after a forum here.

Abu Kassim also said that MACC interrogators will now have to provide justification for cross-examining witnesses after 5pm.

“Basically I have directed all MACC officers and MACC also want their investigation to done during office hours. I don’t think they purposely want to work after office hours but there are many occasions where they need to take witnesses after office hours. So the guideline we give our officers is to provide justification of taking evidence after office hours,” he said.

Abu Kassim (picture) pointed out that his officials work round the clock and have found most cases occur beyond normal working hours.

“So when you arrest the person after he was found giving or receiving the bribe after office hours, there will be witnesses that saw the transaction. You must get as fast as possible the witnesses to cooperate and give evidences to you.

“In this situation, it is very very justified for us to ask them to come to office and give evidence,” he told reporters after attending a forum organized by Transparency International Malaysia here.

The Federal Court had unanimously dismissed Kajang municipal councillor Tan Boon Wah’s appeal against a Court of Appeal decision which went against an earlier High Court ruling which he had won to limit the time anti-graft officers could question witnesses.

The significance of the ruling comes after MACC officers had questioned DAP political aide Teoh Beng Hock overnight last year before he mysteriously fell to his death from their office in Shah Alam.
Teoh’s death is now the subject of a coroner’s inquest and has affected the credibility of the MACC and caused public confidence in the agency to plummet significantly.

Teoh, who was the political aide to Selangor executive councillor Ean Yong Hian Wah, was found dead on July 16 outside the Malaysian Anti-Corruption Commission (MACC) office in Shah Alam.
The 30-year-old’s body was found sprawled on the roof of a five-storey building after he was interrogated as part of MACC’s investigation into the misuse of state allocations by the Selangor assemblymen.