The reformation plans are mostly focusing on improving the effectiveness and transparency of ACA, but there are a few big questions that remain unanswered. The biggest question is probably on how authoritative the ACA could be after the overhaul.

It’s reported that the final say on prosecution still lies on the Attorney General. Now, what would happen if the AG has ordered to stop an investigation prematurely?

The current AG Abdul Gani Patail has done it before, and who are going to stop AG from doing it again? And what freedom is ACA actually having if this situation is allowed to happen in future?

The reformation has to go hand in hand with other authorities, and there are lots of complications that need to be cleared to ensure a really independent ACA that could operate without any interference. Getting the right people to lead the ACA is another debatable issue too.

It’s a long way to go obviously, but it’s better than doing nothing. We’ll see how things are improve as time goes by.

Besides, reforming ACA is one thing… I think we need to overhaul our law and constitution regarding corruption as well. I believe there are many loopholes in our current system that could be exploited without breaking the law. ACA would be helpless in these situations regardless of how independent they are.

Anti-Corruption Agency officials has told the royal commission on the VK Lingam tape that the room featured in the video clip was indeed the lawyer’s living room, as mentioned by businessman Loh Mui Fah during some earlier press interviews.

Loh has admitted that he was the person who talked to VK Lingam in the video, and that the video clip is authentic and was taken by his son in late December 2001. Loh however claimed that neither he nor his son knew how the video clip managed to get into public.

The most dramatic event of the day is perhaps the application being made for the disqualification of its chairperson and two other members.

M. Puravelan, who is representing three witnesses from Parti Keadilan Rakyat (PKR), said that the three commissioners (chairman Tan Sri Haidar Mohamed Nor, Tan Sri Amar Steve Shim Lip Kiong and Puan Sri Zaitun Zawiyah Puteh) should disqualify themselves because they have connections with either the case or the witnesses.

Puravelan (obviously just telling what Anwar Ibrahim told him to) said Haidar is a trustee of Perdana Foundation of which two other witnesses, former Prime Minister Tun Dr Mahathir Mohamad and prominent businessman Tan Sri Vincent Tan, are also trustees.

Personally I think the application is unnecessary. Mahathir had been Malaysia’s PM for more than 2 decades, most if not all of the prominent businessmen, government leaders and top judiciary officials for the past 30 years would have certain relationship with him (could be friends or enemies).

Besides, there are 17 people on the list (could be more in future) of inquiry; it’s close to impossible to find a team of qualified yet totally unrelated personnel to become the royal panel members. It would be wonderful if we managed to do so, but we have to be realistic and content with what we have at the moment.

Frankly, I am a bit tired of how the situation is progressing.

It is quite obvious that the independent panel has failed to determine the authenticity of the video that was released in September, and it’s reasonable to assume that this extra 10 seconds of the clip means nothing for authentication.

ACA is probably meeting dead end as well. If the alleged parties have decided to keep their lips sealed, and Anwar couldn’t provide any other proof besides the video, nothing much could be done.

A scandal will remain as a scandal… no crime, no corruption, no misused of power and position… but just gossips.

I am actually beginning to question Anwar’s motive behind the issue. He could have included the 10 extra seconds at the very first video… why not? Why is he releasing the extra clip now? Isn’t the timing a bit too convenient during the UMNO General Assembly?

I can’t really explain my thoughts into words, but I feel that Anwar is playing a cat and mouse game with BN government… letting go of a trapped mice and let it run for a while, see how it reacts before catching it again. Everything seems so political driven now rather than fighting for justice.

Ramli, 55, the country’s third highest ranking police officer hauled up to court by the Anti-Corruption Agency (ACA), claimed trial to all the three charges.

In the first charge, he is alleged to have not declared an office lot located at a building in Megan Avenue II at Jalan Yap Kwan Seng here and another office lot on the same floor of the building.

The properties, worth about RM1 million, were held under the name of his two sisters — Rohmah @ Hasmah Yusoff, 58, and younger sister, Roslina Yusoff, who were directors of Bonus Circle Sdn Bhd, an investment holding company.

In the second charge, Ramli is alleged to have not declared the 154,000 shares he had in PERMAJU Industries Berhad, a property company.

For the third charge, Ramli, as a public officer and a police commissioner holding the post of Commercial Crimes Investigation Department director, was bound by the law not to be involved in business as stipulated under Regulation 5(1)(a) of the Public Officers Regulations (Conduct and Discipline) (Amendment) 2002 but was involved in business in his capacity as a director of Kinsajaya Sdn Bhd, a real estate company.

Ramli has claimed that he is being framed.

I hope ACA is doing thorough investigation on these matters, and not simply charging some VIPs because the election is near and the BN government wants to buy some votes for their pathetic anti-corruption effort.

I previously wrote about how ACA was doing amateur investigation and letting people off the hook rather easily… but doing amateur investigation and charging the wrong person is far worse than that.

I am not suggesting if Ramli is guilty or not… I just felt that a person with his experience in fighting commercial crimes should know better in hiding his assets and business involvements IF he does possesses. Having shares and businesses under his name is weird; it’s like inviting for charges.

Ramli has to be really stupid or arrogant to commit these mistakes… or perhaps there are other explanations for that.

It is still remained to be seen if ACA could actually nail the culprits; their integrity and capability are dubious these days… but at least they are doing something on the positive direction this time.

I hope that they are trying to catch the big fish instead of just the small shrimps though… investigation should be done at every level of the alleged bodies, including the ministries if needed.

Update Oct 25 – Lim Kit Siang has an interesting thought that the sudden flurry of ACA activities might be an intensified public relation and replay of the high-profile pre-election anti-corruption action 4-years-ago.

ACA’s request is not unreasonable, but I am kinda pissed with the one sided investigation so far. The independent panel is failing miserably in determining the authenticity of the video; while ACA is busy chasing after the whistleblower instead of investigating people alleged in the judiciary scandal.

What would you do, if…?

These lead to a question that has always been mingling in my mind… If I have somehow obtained a file (or video) that could prove that some VIPs are involved in some national scandal, what would I do? What would you do in this situation?

Would you just throw all the stuff in the public or would you go to someone like Anwar or Lim Kit Siang and passed on the responsibility to them? ACA is always asking people to give this proof to them instead of political parties… but frankly I don’t have much fate with ACA these days. I have a feeling that if the proof is true, they might close the case prematurely, or to a worse extent… going after me instead.

It would be logical to just past the buck to people like Anwar and then stayed behind the scene… the source of the Lingam tape was probably thinking the same way.

Now, what would Anwar do… would he risk going to jail or risk the safety of the person that entrust him with the video? As the situation has been greatly publicise, it would be unthinkable if the ACA would do any physical harm to the whistleblower… but then, who can guarantee that the whistleblower would not be harassed mentally, or ordered to keep quiet?

I have no clue if these people are corrupted or not, but I just felt that ACA could do better with their investigation methods.

According to reports ACA has done some investigations in those 3 cases by questioning the alleged parties and checking their bank statements and assets etc… nothing wrong with that; but do you think people will ever admitted to give or accept bribe? Do you think people will use direct banking to transfer money in bribery? Do you think people who accept bribe will put the assets they bought (with those money) under their own name?

Any person who watches enough Hong Kong series can tell that people are smarter than that… not just in TV, but in real life as well.

I can’t really suggest how ACA can improve their investigation, because I don’t have the expertise and resources to do so. However ACA should be filled with people and network that are capable to trace oversea accounts and accounts of people that are related to the alleged parties… not just investigations that can be done by amateurs like you and me.

I guess the biggest question though… is how independent ACA was acting when conducting investigations against those VIPs. ACA could be capable of conducting better investigations, but do they want to do so against the big guns? I don’t know.

Update July 31 – Former Sabah ACA director Mohamad Ramli Abdul Manan, who lodged the report against former ACA chief Zulkifli Mat Noor, claims that Zulkifli was cleared of corruption allegations only because the attorney-general failed to investigate the claims thoroughly. [Malaysiakini]

Mohamad lodged a report early this year alleging misconduct by Zulkifli by way of corrupt practices and sexual misconduct as well as irregularities and abuse of power.

Update August 2 – An anti-corruption watchdog (Transparency International Malaysia) has demanded full public disclosure of the basis for the government’s dismissal of corruption allegations against former Anti-Corruption Agency director-general Zulkipli Mat Noor and police chief Musa Hassan. [Malaysiakini]

Articles worth reading regarding this issue…

Wanted – White Paper on “All-Clean Verdict” for Musa, Zulkipli and Johari
Malaysia’s Attorney General Hears No Evil, Sees No Evil