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Alor Gajah, Thu 26th Nov -- The Malaysian Anti-Corruption Commission
(MACC) does not dismiss the possibility of facing constraints in its
investigations following a new directive confining questioning of witnesses to
office hours.
Its Investigation division director Datuk Shukri Abdull said he had issued
the directive himself to all MACC offices for questioning of witnesses to be
confined to the working hours of 8.30am to 5.30pm.
He was met by reporters after attending the closing of a basic course for
127 MACC officers officiated by MACC chief commissioner Datuk Seri Ahmad Said
Hamdan at a resort, here, today.
Shukri was asked to comment on media reports that effective last Thursday,
the MACC was not allowed to question witnesses and take down their statements
after office hours unlike previously.
This followed the historic judgment of Kuala Lumpur High Court (Appellate
and Special Powers) judge Mohamad Ariff Md Yusof which ruled that detaining a
witness for interrogation beyond office hours was wrongful detention under the
law.
Shukri said they would wait for three months to see the effects of the new
directive on the MACC's investigation process.
"However, I understand that the Attorney-General will appeal against the
High Court's decision."
Shukri said the MACC would continue to receive reports or complaints from
the public after office hours, that is, after 5.30pm.
"Previously, we had been working round the clock, including questioning
witnesses and taking down their statements; 90 per cent of our work involve
witnesses," he added.
On the investigation into alleged misappropriation and abuse of power by
Kelantan Menteri Besar Incorporated (PMBK) chief executive officer Abdul
Ariffahmi Abdul Rahman, Shukri said the MACC was in the final stage of the
investigation and the papers would be submitted to the deputy public prosecutor
soon.
He said the investigation went ahead despite Ariffahmi, the son-in-law of
Kelantan Menteri Besar Datuk Nik Abdul Aziz Nik Mat, having resigned from his
post in PMBK two days ago.
In KUCHING, MAAC deputy chief commissioner (Prevention) Datuk Zakaria Jaffar
said the completion of investigations could be delayed due to the limited time
for taking down statements from witnesses.
"Imagine if the witness is a lorry driver to has to earn his living during
that time and can only come to the MACC office at night after work or on his off
day," he said after closing a seminar on corruption-prevention through a control
system.
He said the same problem could arise with public servants who had official
duties to perform during the day, and with teachers too.
Zakaria said the MAAC could not detain a witness for a long period compared
with the accused or suspect as a witness gave his or her statement on a case
voluntarily and helped MACC strengthen the case for prosecution.
He said MACC would issue a guideline on how best to deal with the situation
to ensure the investigation process would be smooth.
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