Malaysia

Indisputable facts: MACC explanation contradicts info in public documents, say PKR MPs

Sivarasa Rasiah says facts raise major doubts of Tan Sri Azam Baki’s story

Updated 4 years ago · Published on 06 Jan 2022 4:36PM

Indisputable facts: MACC explanation contradicts info in public documents, say PKR MPs
Sg Buloh MP Sivarasa Rasiah says information in the annual reports of two public-listed companies in 2015 and 2016 run contrary to the anti-graft body’s explanation of its chief commissioner’s ownership of shares. – Facebook pic, January 6, 2022

by Amar Shah Mohsen

KUALA LUMPUR – PKR poured cold water on the Malaysian Anti-Corruption Commission’s (MACC) explanation of its chief commissioner’s ownership of shares, saying it does not line up with the “indisputable facts” in published public documents. 

Leading a press conference today, Sg Buloh MP Sivarasa Rasiah said information in the annual reports of two public-listed companies in 2015 and 2016 run contrary to the anti-graft body’s explanation. 

In a special presser yesterday, MACC chief Tan Sri Azam Baki said his brother, Nasir Baki, used his share-trading account to purchase shares in a private company in 2015, but maintained that he had no vested interest or benefit.

Meanwhile, Anti-Corruption Advisory Board (LPPR) chairman Tan Sri Abu Zahar Ujang yesterday said in the same event that the shares were eventually transferred in full to Nasir in the same year, a statement that Azam later repeated when addressing the media. 

Sivarasa, however, provided documentation of annual reports – which were first highlighted in Parliament on December 16 – showing Azam had held on to millions of shares even in 2016. 

In the documents, he said Azam had owned 1.93 million shares in Gets Global Bhd (formerly KBES Bhd) as at April 30, 2015. 

He continued to hold on to 1.03 million shares on March 31, 2016, meaning MACC’s claim that he had transferred them by then is false. During this same period, Nasir had also purchased 3.73 million shares on his own at Gets Global. 

Another report by Excel Force MSC Bhd showed Azam had also owned 2.16 million warrants under the company as of March 21, 2016. 

“Where did the money come from? If Abu Zahar is now saying that Azam received money from Nasir to buy the warrants (for him), why did Nasir buy 3.73 million shares in Gets Global in his own name and not through Azam (in the same period)?

“These facts raise major doubts of Azam’s version (of the facts), which needs a full investigation. Abu Zahar and the board seem to want to close their eyes to all of this.

“Abu Zahar also said all shares owned by Azam were transferred back to Nasir in 2015. This completely contradicts the known facts.” 

The statement read by Sivarasa was jointly signed by eight other PKR MPs – Fahmi Fadzil (Lembah Pantai), Nurul Izzah Anwar (Permatang Pauh), Maria Chin Abdullah (Petaling Jaya), Syed Ibrahim Syed Noh (Ledang), Sim Tze Tzin (Bayan Baru), Hassan Abdul Karim (Pasir Gudang), Maszlee Malik (Simpang Renggam) and Akmal Nasir (Johor Baru) – most of whom were also present at the online press conference. 

Not enough for LPPR to clear Azam

Sivarasa said based on checks, both Azam and Nasir had clearly sold all of their shares and warrants mentioned, and questioned if LPPR had investigated the money trail. 

He added that all the points raised show that LPPR should have done a proper investigation of Azam’s explanation rather than simply accepting it as facts, without talking to witnesses or going through documentary evidence. 

Yesterday, Abu Zahar had said that the advisory board had met with Azam on November 24 to obtain information pertaining to the allegations against him, and was satisfied by the explanation given and found no elements of criminal or conflict of interest. 

“Even if we assume Azam’s version is true, it is a serious offence, contrary to Section 25(4) of the Securities Industry (Central Depository) Act 1991, to allow another person to use your share account to buy or sell shares. 

“The board has also ignored this issue, which a full investigation with input from the Bursa and Securities Commission would have settled. Parliament will now have to intervene to try to resurrect the damaged credibility of MACC.” 

Meanwhile, Syed Ibrahim questioned LPPR’s powers to absolve Azam from any wrongdoing, saying the board’s terms of reference showed that it has no authority to probe or free anyone from accusations. 

“They can only provide advice. It is absolutely wrong that just because LPPR decided so, the chief commissioner is deemed innocent.”

Sim said this whole imbroglio involving MACC is the biggest scandal in the country since 1Malaysia Development Bhd, and requires the immediate intervention of Prime Minister Datuk Seri Ismail Sabri Yaakob.

Hassan similarly said Ismail Sabri ought to take immediate action to probe into the matter, as the appointment of the MACC chief commissioner is done by the Yang di-Pertuan Agong under the advice of the prime minister. 

“Azam is not answerable to LPPR, but the prime minister. Under the federal constitution, it is clear the prime minister has a huge responsibility to resolve this controversy. 

“We are not punishing Azam, we also want justice for him. To address this issue is simple. The prime minister must come forward, and order for a probe to be initiated. If there is a case, charge, and if not, don’t charge.” – The Vibes, January 6, 2022

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