KUALA LUMPUR – Outgoing Inspector-General of Police Tan Sri Abdul Hamid Bador may have committed a crime if he knew elements of corruption were present in the recent cases of political defections and chose to remain silent.
Crime analyst Kamal Affandi Hashim said while Hamid’s revelation on Friday – that corruption is rampant in power-drunk politics – is concerning, equally worrying is his decision not to act.
Kamal said given the gravity of his allegation, the top cop should have immediately lodged a report with the Malaysian Anti-Corruption Commission (MACC) or initiated a formal investigation.
“Obviously, he knows something we don’t. As a person with information, he certainly should have gone to the MACC in the first place, or at least carried out a formal inquiry or probe,” he told The Vibes.
“It is an offence to let slide a crime. The law is very clear on what constitutes an offence. It can be committing the act, or by omitting to do something that then leads to the criminal act.
“This is clear in the Penal Code. If Hamid’s withholding of information has allowed the offence to take place, he has to be accountable for it.”
According to Section 119 of the Penal Code, a public servant who conceals a design to commit an offence, and the crime is committed, shall be punished up to half the maximum punishment provided for the said offence.
Kamal was commenting on Hamid's damning remarks at a press conference on Friday, in which he urged the MACC to investigate elements of corruption involving politicians who had switched parties.
Hamid had said that, while he was busy fighting corruption in the police force, political frogs had also made corruption a habit.
“We have ‘katak’ jumping here and there and making noise. What are those? Elements of corruption. I want the MACC to investigate all of the ‘frogs’.”
His statement came mere hours after Home Minister Datuk Seri Hamzah Zainudin had announced that Hamid’s deputy, Datuk Seri Acryl Sani Abdullah Sani, would be appointed IGP effective May 4. Hamid’s two-year contract ends tomorrow.
Asked why he believes Hamid only chose to voice his grievances out now, despite having held the top post for a while, and whether there is a possibility of political pressure from higher up, Kamal said this is unlikely.
“When he lashed out at the minister in the manner he did, and went on to talk about corruption within the political circle, I don’t think they jive together very well.
“People may assume that this is more of a personal attack against the minister. Perhaps, it (corruption) doesn’t even exist, and he was probably saying it out of anger and frustration.”
Police can probe graft cases, too
Association of Certified Fraud Examiners-Malaysian Chapter president Datuk Seri Akhbar Satar said even if Hamid did not want to involve the MACC over his claims of corruption, the police, too, can initiate its own investigation.
He said it is common for the two enforcement agencies to probe matters that fall under the other’s area of specialisation.
“We have seen in the past how the MACC investigated cases of cheating or criminal breach of trust charged under the Penal Code. Likewise, the police, too, can probe corruption cases. They have the power. And, the reason why the MACC has not opened a case on this is because there is currently no law on political defections.”
Akhbar said Hamid’s remarks have only highlighted the urgent need for anti-hopping legislation to be introduced, together with a political funding act, to reduce instances of corruption among politicians and parties.
He said existing acts pertaining to elections are insufficient and weak, while also lacking any enforcement powers.
“Political corruption is one of the main problems in the country, and we must fix this by introducing these two laws. Even in the case of political donations, there is no law to stop politicians and parties from being involved in graft.
“But there appears to be a lack of political will, from the Barisan Nasional’s time to the current government. They know that, by introducing these laws, it will be like choking themselves.”
Calls for legislation against party-hopping have been renewed over the years, although critics argue that any anti-hopping law would conflict with the federal constitution, which guarantees citizens the right to association. – The Vibes, May 2, 2021
