MACC Had Acted Illegally, What Now?
The high court has made an important verdict:
The Malaysian Anti-Corruption Commission’s (MACC) has no right to question witnesses in an investigation beyond normal office hours, namely from 8.30am to 5.30pm.
Judicial Commissioner (JC) Mohamad Ariff Md Yusof stressed that the meaning of the phrase “day to day” as laid down in Section 30(3)(a) of the MACC Act – which is at the core of the dispute between Tan and the MACC – “cannot mean round the clock” investigation, which includes recording statements from the witness.
Mohamad Ariff explained that to do so would “offend the legislative purpose” and limit the fundamental liberties of a person, which are clearly laid down in the Federal Constitution, under Article 5, and which the Federal Court had recently upheld must be interpreted in the “widest sense” possible.
Asked to comment on the impact the High Court’s decision in relation to the dead political secretary, Karpal said: “In the case of Teoh Beng Hock, death was involved. The MACC has to be sued in a wider range and not limited to just the questioning.”
Yes, the MACC must be held responsible for a breach of its own investigative procedures. This ruling is not only significant for future suspects and witnesses but it is also a wake up call for other government agencies, departments and institutions which have been operating without observing proper procedures.
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Comments (22)
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written by alpha1, November 21, 2009 22:52:29
written by alpha1, November 21, 2009 22:52:29
Close their shop and have their KEPALA hanged! Kow Tim! 
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written by Aduh, November 20, 2009 22:06:16
written by Aduh, November 20, 2009 22:06:16
To macc non fulfillment of the wishes of mad political masters is A BIGGER SIN than violating the constitution. Yet, they get away with it. So, we can imagine where the country is heading to !!!!
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written by NSTPravda, November 20, 2009 16:55:05
written by NSTPravda, November 20, 2009 16:55:05
Aiyah, our top boss use C4 to inefficiently blast a pregnant, albeit mongolian kafir, why can't we just push our witness off the 14th floor, isn't that much cleaner and more efficient? Legality and law doesn't apply to our boss, so obviously, we are also above the law. Corruption i$ $till our middle name. $o $emua-nya OK!
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written by betasigma, November 20, 2009 16:20:49
written by betasigma, November 20, 2009 16:20:49
the jackas.s at the court of appeal would overturn everything !!bolehland justice system hav reached the point of no return.
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written by batsman, November 20, 2009 10:46:04
written by batsman, November 20, 2009 10:46:04
MACC is illegal, Perak state govt is illegal. BN govt is illegal too. They are just held up by corrupt judges, corrupt policemen and corrupt elections commission, not to mention a whole host of other corrupt heads of depts.
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written by malgal, November 20, 2009 10:33:49
written by malgal, November 20, 2009 10:33:49
decent people in developed thinking countries resign as a matter of honour. concerned government heads bay for proper investigations and mete right portions of punishment to set example and clear their name.
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written by aplus, November 20, 2009 10:06:41
written by aplus, November 20, 2009 10:06:41
NACC should have known better, The committees entrusted with overseeing MACC's procedures should have known best.
Dragging the high courts to make what is seen as a simple matter for the resolution is making a monkery out of our public institutions.
Dragging the high courts to make what is seen as a simple matter for the resolution is making a monkery out of our public institutions.
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written by asguard, November 20, 2009 09:46:15
written by asguard, November 20, 2009 09:46:15
MACC is real doggie for UMNO...its does master bid in anyway and everything it takes to bring down the opponents...... so i don't be surprised ...until there is case like teoh beng hock will occur again and again!
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written by justice seeker, November 20, 2009 09:44:30
written by justice seeker, November 20, 2009 09:44:30
The Malaysian Anti-Corruption Commission’s (MACC) has no right to question witnesses in an investigation beyond normal office hours, namely from 8.30am to 5.30pm.
WELL, WHEN IT COMES TO INTIMIDATION OF THEIR MASTER'S ENEMIES, THEY DONT GIVE A SHIT. THEY HV SO MANY ALLIES: THE IGP, THE AG, THE JUDICIARY, NUMEROUS LAWS DESIGNED TO PROTECT THEM. NEXT WITNESS CASUALTY: P I BALA.
WELL, WHEN IT COMES TO INTIMIDATION OF THEIR MASTER'S ENEMIES, THEY DONT GIVE A SHIT. THEY HV SO MANY ALLIES: THE IGP, THE AG, THE JUDICIARY, NUMEROUS LAWS DESIGNED TO PROTECT THEM. NEXT WITNESS CASUALTY: P I BALA.
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written by budakindia, November 20, 2009 09:33:36
written by budakindia, November 20, 2009 09:33:36
They should make defenestration illegal too and charge the perpetrator as murderers.
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written by bambooman, November 20, 2009 09:06:05
written by bambooman, November 20, 2009 09:06:05
if you sue the macc...the home minister will say that the macc is the victim of circumstances!!?
welcome to malaysia!!
welcome to malaysia!!
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written by Francis, November 20, 2009 07:48:56
written by Francis, November 20, 2009 07:48:56
Hishampuddin very well knows that the laws of Malaysia are interpreted to suite the person on whom it is being used. Perak says state legislation activities can be questioned in court of law. Federal government - parliamentary activites cannot be questioned in courts. The lawa of the nation are made to suit the BN Government.
In like manner the MACC act too has been made to serve the government not what it meant.
Please take action for the murder of TBH.
In like manner the MACC act too has been made to serve the government not what it meant.
Please take action for the murder of TBH.
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written by Highway16, November 20, 2009 07:48:49
written by Highway16, November 20, 2009 07:48:49
Next one they would have Lingam type up the judgement.
Then they are can go on holidays in NZ.
Then they are can go on holidays in NZ.
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written by gundohing, November 20, 2009 07:37:59
written by gundohing, November 20, 2009 07:37:59
Next Hishamuddin will say MACC will be asked to observe the law. And nothing will happen. End of story.
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written by adan, November 20, 2009 07:33:33
written by adan, November 20, 2009 07:33:33
What next ? Simple . There will be an appeal..and what is 'illegal' will be made 'legal'
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written by educationist, November 20, 2009 06:23:49
written by educationist, November 20, 2009 06:23:49
Nothing will happen!
The AG will appeal and the case will be managed by someone[i despised to use the term judge] to hand in a favorable judgement.
Look at nizar's case!!
The AG will appeal and the case will be managed by someone[i despised to use the term judge] to hand in a favorable judgement.
Look at nizar's case!!
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written by verifunny, November 20, 2009 06:23:08
written by verifunny, November 20, 2009 06:23:08
Since it is illegal, MCAA should pay for it.
MCAA boss should resigns/ get fired first. MCAA staff involved get fired next. Last, the home minister resigns/get fired since he doesn't even bother ensure that MCAA is following the laws. Remember to compensate the victims or else the corruption and human rights rankings of Malaysia will continue to sink.
MCAA boss should resigns/ get fired first. MCAA staff involved get fired next. Last, the home minister resigns/get fired since he doesn't even bother ensure that MCAA is following the laws. Remember to compensate the victims or else the corruption and human rights rankings of Malaysia will continue to sink.
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written by Spear Bing, November 20, 2009 05:51:02
written by Spear Bing, November 20, 2009 05:51:02
It is a well handed decision and MACC must now know its boundary and limits. Don't behave like a gestapo execution style organization.
On a a different note, It's high time for journalists and reporters to uplift themselves to the next higher level of operations. They should brush up and expose themselves in INVESTIGATIVE JOURNALISM OR REPORTING rather than just mere dictating on the note books or just pen pushing jotting down shorthand. Look at the young reporters swarming and converging at most of the press conferences called by the VIP politicians. They look like mere amateurs.
it makes one wonder how come no reporter or journalist takes the initiative to investigate on the allegations by the MACC staff themselves that their Deputy Commissioner has colluded with the ex-MB of Selangor thru' corruption in owning a piece of land next to the petrol station in Shah Alam or was it the petrol kiosk itself? Why don't we have a ' Watergate' style of investigative reporting?
Of course, the young stringers and reporters may not see their reports in print in the MSM since the editors are subservient to those in the corridors of power. But now there are plenty of blogs and alternative media report that they can publish their news gathering
On a a different note, It's high time for journalists and reporters to uplift themselves to the next higher level of operations. They should brush up and expose themselves in INVESTIGATIVE JOURNALISM OR REPORTING rather than just mere dictating on the note books or just pen pushing jotting down shorthand. Look at the young reporters swarming and converging at most of the press conferences called by the VIP politicians. They look like mere amateurs.
it makes one wonder how come no reporter or journalist takes the initiative to investigate on the allegations by the MACC staff themselves that their Deputy Commissioner has colluded with the ex-MB of Selangor thru' corruption in owning a piece of land next to the petrol station in Shah Alam or was it the petrol kiosk itself? Why don't we have a ' Watergate' style of investigative reporting?
Of course, the young stringers and reporters may not see their reports in print in the MSM since the editors are subservient to those in the corridors of power. But now there are plenty of blogs and alternative media report that they can publish their news gathering
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written by Stupid me, November 20, 2009 04:51:35
written by Stupid me, November 20, 2009 04:51:35
What are they going to do with the kepala without otak and cannot interpret such simple wordings?
Even a murder or drug case suspect cannot be interrogated beyond certain hours. And they claim they can do it for mere ikan bilis cases.
Even a murder or drug case suspect cannot be interrogated beyond certain hours. And they claim they can do it for mere ikan bilis cases.
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written by magickriver, November 20, 2009 03:59:10
written by magickriver, November 20, 2009 03:59:10
Word has it that Altantuya, Kugan and Teoh Beng Hock have formed an alliance with thousands of other human souls hungry for justice. They will join Pakatan Rakyat as an independent associate and contest against the Barisan Nazianal. And they will win.
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