Selangor wants MACC questioning suspended till after RCI
March 30, 2011
SHAH ALAM, March 30 The state government today appealed to the High Court to suspend all questioning of its staff by theMalaysian Anti-Corruption Commission (MACC), until the Royal Commission of Inquiry (RCI) on the death of the late Teoh Beng Hock, which began two weeks ago, is completed.In this affidavit, the mentri besar said that the references and inquiries conducted by the RCI have a direct link to whether the MACC had acted in a legitimate manner in its investigation, especially during the questioning of individuals when conducting its statutory duties, according to a statement from the MBs office.It also said that the affidavit is based on media reports and testimonies given to the RCI about the wrongdoings that had taken place during MACC investigations, especially during the questioning of the late Teoh.I believe that the RCI report is very relevant to the issues disputed in this action because the court has facts regarding MACC investigation procedures and up till now, does not seem to go in accordance with the law, said the Mentri Besar in the affidavit.A circular was drafted after the death of Teoh, the former political secretary to state executive councillor Ean Yong Hian Wah, who was found dead at Plaza Masalam near here on July 16, 2009.It said that the Selangor state executive council, in its July 22 meeting, had decided that all staff who served under the state administration were not allowed to be interviewed by MACC officials outside their offices, and instead could only be questioned at the state secretariat building.It also said all meetings with MACC officials must be conducted between 8am and 6.30pm.Teoh had earlier been questioned overnight by Selangor MACC officials at its headquarters, on the 14th floor of the same building.The Appeals Court ruled on February 24 that the Attorney-General (A-G) has the locus standi to initiate legal action to c! hallenge the validity of the Selangor state secretarys directive that state civil servants can only be questioned by the MACC at their respective offices.In the A-Gs application, he said the circular was null and void as it prevented MACC officials from carrying out their duties as required by Parliament and the law, and that itwas illegal because it is against the newly enacted Malaysian Anti-Corruption Act.A three-man panel ruled that the matter should go back to the High Court to be tried and made the ruling in dismissing the Selangor state secretary and the Selangor Governments appeal and upholding the High Courts decision in disallowing their application to strike out the AGs originating summons in the matter.The Selangor state secretary and Selangor Government were also ordered to pay RM30,000 in legal costs.In the statement today, the MB had also said that the information was needed to decide on whether the circular issued by the Selangor state secretary, that limits the investigating officers to working hours, is legitimate.
SHAH ALAM, March 30 The state government today appealed to the High Court to suspend all questioning of its staff by theMalaysian Anti-Corruption Commission (MACC), until the Royal Commission of Inquiry (RCI) on the death of the late Teoh Beng Hock, which began two weeks ago, is completed.In this affidavit, the mentri besar said that the references and inquiries conducted by the RCI have a direct link to whether the MACC had acted in a legitimate manner in its investigation, especially during the questioning of individuals when conducting its statutory duties, according to a statement from the MBs office.It also said that the affidavit is based on media reports and testimonies given to the RCI about the wrongdoings that had taken place during MACC investigations, especially during the questioning of the late Teoh.I believe that the RCI report is very relevant to the issues disputed in this action because the court has facts regarding MACC investigation procedures and up till now, does not seem to go in accordance with the law, said the Mentri Besar in the affidavit.A circular was drafted after the death of Teoh, the former political secretary to state executive councillor Ean Yong Hian Wah, who was found dead at Plaza Masalam near here on July 16, 2009.It said that the Selangor state executive council, in its July 22 meeting, had decided that all staff who served under the state administration were not allowed to be interviewed by MACC officials outside their offices, and instead could only be questioned at the state secretariat building.It also said all meetings with MACC officials must be conducted between 8am and 6.30pm.Teoh had earlier been questioned overnight by Selangor MACC officials at its headquarters, on the 14th floor of the same building.The Appeals Court ruled on February 24 that the Attorney-General (A-G) has the locus standi to initiate legal action to c! hallenge the validity of the Selangor state secretarys directive that state civil servants can only be questioned by the MACC at their respective offices.In the A-Gs application, he said the circular was null and void as it prevented MACC officials from carrying out their duties as required by Parliament and the law, and that itwas illegal because it is against the newly enacted Malaysian Anti-Corruption Act.A three-man panel ruled that the matter should go back to the High Court to be tried and made the ruling in dismissing the Selangor state secretary and the Selangor Governments appeal and upholding the High Courts decision in disallowing their application to strike out the AGs originating summons in the matter.The Selangor state secretary and Selangor Government were also ordered to pay RM30,000 in legal costs.In the statement today, the MB had also said that the information was needed to decide on whether the circular issued by the Selangor state secretary, that limits the investigating officers to working hours, is legitimate. 
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