M.Krishnamoorthy
A media coach, adjunct professor and author
PMX Anwar Ibrahim’s efforts to wipe out corruption may be futile if the Attorney-General Chambers (AGC) and MACC team fail to prosecute wisely. Worst still, end up with a Dismissal Not Amounting to Acquittal (DNAA) like some previous cases.
The billionaire crooks and corrupt criminals will be laughing all the way to the bank if prosecutors with all their assets and cash stashed away in foreign banks.
The recovery of the nation’s trillions of Ringgits is to pay off national debts. The AG's Chambers' perception is also at stake if prosecution lawyers perform poorly. Criminal prosecution of high-profile culprits will take years to convict them.
The whole exercise of PMX Anwar Ibrahim fighting corruption will be unsuccessful, useless and fruitless for the following reasons because :
- Malaysians look forward to winning the high-profile cases because national debts can be settled in Trillions in Ringgit.
- The nation’s coffers will be the biggest losers if the Attorney General Chambers does not engage his creme de la creme experts and experienced, professional lawyers to take on corrupt billionaire leaders.
- Another option is for the AG to use tested, proven and best lawyers from the private sector to win cases like Najib’s 1MDB case.
- Even if external consulting lawyers are engaged, AG's team of officials will assist them, and this can be considered a good test case and training.
- In the past, AG dropped cases, said Chief Justice (CJ) Tun Tengku Maimun Tuan Mat.
- Judiciary unfairly blamed, said CJ
- Criminal case withdrawal eroded public faith, said CJ
- AG: We don’t have to say why we drop cases
A former PDRM-trained white-collar crime buster, Alex Alagoo, and a well-known Tenaga Nasional retired investigator and Certified Fraud Examiner said: “The Government and the authorities like Attorney General, MACC, Police, Inland Revenue Board, Bank Negara and other government agencies must comprehensively look into the aspects of actions to be taken against the corrupt leaders more appropriately and realistically.
“Taking actions according to the MAAC Act for criminal, corrupt wrongdoings will give the culprit more opportunities to look for legal loopholes to escape. It is an uphill task for MACC and AGC to strengthen the evidence for the prosecution’s case against the culprits simply because the wrongdoings were done 30-40 years ago. To establish proof other than the standard audit trial, they have to look into a more efficient legislation process so that the crooks cannot escape by legal loopholes.
“It is much more realistic to request them to declare their moveable and immovable assets locally and offshore. Failing to declare all their assets correctly, seize and charge them for failing to declare their assets is much easier for the prosecution.”
“MACC and AGC are already going in the right direction,” especially their charges against Tun Daim and his wife, said Alex.
In his career, Alex has experience working in many covert and overt operations conducted jointly with PDRM and MACC, exposing many syndicated organised crimes and bribery cases. He has complete trust in MACC, PDRM and AGC.
“Questions need to be answered by all the culprits about how they earned their money in Malaysia and why they chose to keep it in foreign countries if their earnings were legitimate. How did they manage to siphon out such a huge amount of cash flow overseas without the approval of Bank Negara? All these details need to be uncovered from them and answered in the court of law. Was the money taken out through an illegal black market?”
Alex said that the Inland Revenue Board needs to identify and calculate individuals who possess excessive cash and properties acquired within 30-40 years if the tax paid by them is an amount equally proportionate to the value of the money and property in their possession now to ensure that they have paid tax accordingly.
“This way, the AGC can also determine if the crooks had escaped evading tax payments or under-declared?” which can be fined, besides any charges against them.”
Alex added that stricter laws need to be introduced in Parliament to ensure that all Malaysians who earn money must invest in our country. The outflow of Malaysian currency must be curtailed.
“The Malaysian authorities must also work with international anti-corruption authorities and other relevant agencies, as the MACC is currently working with the FBI. They must try to identify all Malaysian citizens who have kept their hidden savings overseas to ensure the money can be brought back to Malaysia. Out of greed, all the prominent leaders misused their positions to be super rich by involving high corruption and making the country and people poorer. All government efforts to bring back the money should be seen with full transparency,” said Alex, who fully supports the Government's efforts to recover the nation’s lost wealth.
The charges against Daim and his wife are under Section 36 (2) of the MACC Act. This is a wake-up call for many other culprits that ”crime does not pay”. Sadly, previous Prime Ministers covered up such criminal acts. If previous Prime Ministers had initiated judicial proceedings against corrupt leaders, national debts would not have inflated to more than RM1.5 trillion. PMX Anwar must pull up more tycoons who have amassed so much wealth, making the poor poorer and the rich richer.
Freelance Writer M. Krishnamoorthy (www.imkrishna.net) is a media coach, adjunct professor and undercover journalist. He has freelanced with Bernama, NST, The Star, and Malaysiakini. He also freelances as a fixer/coordinator for CNN, BBC, German and Australian Television networks and the New York Times. As an undercover journalist, he has highlighted society's concerns.
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