| TEOH RCI The confidential circular is to ensure the departments work well with the anti-graft agency, says senior officer Hishamuddin Hashim.
Government departments have been issued with a private circular (Pekeliling Am Sulit Bil. 1/84)to ensure that they work well with the Malaysian Anti-Corruption Commission (MACC).
Speaking in a high voice, senior MACC officer Hishamuddin Hashim said the agency did not need a warrant to carry out its work, although this was provided for in Section 31(1) of MACC Act, unless the complainant demanded it.
NONE"In practice, we in the MACC don't need the order as we refer to the circular that was sent to all government departments and offices by the government's chief secretary, and it requires full cooperation from all civil servants," Hishamuddin said.
He said this in his testimony before the royal commission of inquiry investigating the death of Teoh Beng Hock, when asked about the necessity for MACC officers to obtain a warrant before a probe is launched or any sequestration done.
Hishamuddin, who was MACC Selangor's deputy director in 2009 and oversaw the operation launched into allegations of state funds misuse by elected representatives in Selangor.
Teoh was among the witnesses the MACC took to its office in Plaza Masalam, Shah Alam, on July 15, 2009, and questioned overnight on allegations of misappropriation of funds by his employer, Seri Kembangan assemblyperson Ean Yong Hian Wah.
Teoh's body was found on the fifth floor service corridor of the same building the next day, after he had been questioned overnight.
NONEYesterday, MACC deputy commissioner Mohd Shukri Abdull told the panel the agency "prefers to act without a warrant" when interviewing witnesses and seizing evidence, since it would be seen to be acting in a "rough manner" if it used a warrant.
Hishamuddin said the circular also covered elected representatives of Selangor who are given an annual allocation of RM500,000 from the state budget.
Inquiry panel chief Justice James Foong asked if Ean Yong was considered a civil servant, to which Hishamuddin agreed.
He explained that he was briefed by his officers, Hairul Ilham Hamzah and two others, on the extent of the initial investigations on that day. He then ordered them to "collect and examine all the statements from witnesses and later plan and follow up with the matter".
The royal panel had noted yesterday that a team of MACC investigators went to Ean Yong's office to seize documents and equipment without obtaining an official order.
'Warrant applied only if there's hostility'
The panel is not only investigating the cause behind Teoh's death but also the MACC's procedures and whether there was any violation of human rights.
Asked the same question on the need for a warrant, Hishamuddin stressed that it "unnecessary" as the investigation was still in its early stage and only if there was any hostility from the other party, the agency would proceed to apply for a written order or warrant.
Foong: "What if the government officer refuses to work with you without an order from the deputy public prosecutor?"
Hishamuddin: As long as I was in duty in Selangor, from 2002 to 2010, I have never experienced problems... the administration is the same, only policies are different.
NONEFoong: The question is, what if they refuse?
Hishamuddin: In MACC, we use a polite approach. There are cases involving corporate bodies, especially public-listed companies, and they would want an order.
Foong: So, give us your suggestion on what are we to suggest for your (MACC's) improvement?
Hishamuddin: Go ahead (without a warrant).
Foong: So you are saying go ahead and ignore the public prosecutor's powers?
Hishamuddin: Observe the situation first, not for everything we have to go the deputy public prosecutor.
"This is because we want to build rapport with the public," said Hishamuddin, who is now with the anti-graft agency's Negri Sembilan bureau.
That ended Hishamuddin's turn on the witness stand.
The next witness called is British forensics expert Professor Dr Peter Vanezis, who also testified in the coroner's inquest and supported the theory that Teoh was conscious during his fatal fall. |
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