Tuesday, December 04, 2007

ACA Not Vested With Power To Prosecute To Ensure Fairness

Chicken and Egg stupid question. Power bring Corruption, or Corruption produce Power?

The whole idea of separation of power is crap without TRUE TRANSPARENCY. No matter who's at the end hold the ultimate power of execution, without knowing what should and actually happening, it just the same old story.




ACA Not Vested With Power To Prosecute To Ensure Fairness


KUALA LUMPUR, Dec 4 (Bernama) -- The power to prosecute is not vested in the Anti-Corruption Agency (ACA) to ensure cases are handled in a fair manner.

Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the separation of powers to investigate and to prosecute was a universal norm and practised in Malaysia as well as in other countries.

"The power to prosecute in corruption cases, misappropriation and abuse of power is vested in the public prosecutors as provided for under Section 50 of the Anti-Corruption Act 1997 and Article 145 of the Federal Constitution.

"If the power to prosecute is also given to the agency which investigates the cases, it is feared that the power may be abused," he said in reply to a question from Senator Ahmad Hussin in the Dewan Negara today.

Meanwhile, Nazri commended the ACA for having investigated and acted on cases of misappropriation of public funds as highlighted in the Auditor-General's Report.

"The ACA has carried itself well by acting on the Auditor-General's Report recently. We know the report was tabled in the Dewan Rakyat and Dewan Negara each year but there was no action taken although it highlighted cases of misappropriation," he said.

Nazri said the government had to take stern action against those involved in misappropriation.

"The good news is that ever since the ACA started to act on such cases, members of the public are beginning to come forward with information because they are becoming more confident that the government will act on their complaints," he said in reply to Senator Datuk Saripah Aminah Syed Mohamed.

He said the public could play an important role in eradicating corruption among public officials, particularly those serving in the front line such as Customs, police and Immigration where there were more opportunities for corruption.

"If there are givers but no takers, there will be no corruption. If there are takers but no givers, there will also be no corruption...so the public must play their role by refraining from giving bribes," he added.

-- BERNAMA

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