Malaysia

Flimsy excuse: talk of subpoena still secondary as Azam uncleared by PSC, says MP

Khoo Poay Tiong to ask select committee to force MACC head to attend

Updated 4 years ago · Published on 14 Feb 2022 9:27AM

Flimsy excuse: talk of subpoena still secondary as Azam uncleared by PSC, says MP
Khoo Poay Tiong says that whether the letter is an invitation or subpoena, the parliamentary select committee is more interested in examining the substance of Tan Sri Azam Baki’s share ownership and if he breached any laws or government regulations. – The Vibes file pic, February 14, 2022

KUALA LUMPUR – The semantics of an “invitation” and “subpoena” are a secondary issue as Tan Sri Azam Baki has yet to be cleared by the parliamentary select committee (PSC) on the issue of his share ownership which has marred the anti-graft agency he heads, said a DAP lawmaker.

Kota Melaka MP Khoo Poay Tiong accused Azam of giving a “flimsy excuse” to not attend the PSC meeting while failing to understand its function in Parliament.

To avoid more issues on the issuance of a subpoena, Khoo will be requesting for the PSC to issue one to Azam to attend the meeting under Standing Order 83(2) and Section 16 and 17 of the House of Parliament (Privileges and Powers) Act 1952.

This, he said, will remove any legal or technical doubt. 

“If Azam refuses to comply with the subpoena, he will be in contempt of Parliament.”

He added that whether the letter is an “invitation” or a “subpoena”, the PSC is more interested in examining the substance of Azam’s share ownership and if he breached any laws or government regulations. 

“It is normal practice for the Parliament secretary to issue a letter to government officials to attend PSC meetings. In October 2020, the Public Accounts Committee (PAC) issued a similar letter to Azam to attend a meeting, which he complied with. 

“Why should it be any different now as both the PSC and PAC function under the same parliamentary rules and procedures?

“Azam also mentioned that the PSC failed to adhere to Parliament rules, and that his share ownership issue was not referred to the Dewan Rakyat to the PSC for discussion. This is a complete error in understanding how PSCs function in Parliament,” he said in a statement today.

“For example, the PSC on Agencies under the Prime Minister’s Department has called various agencies, such as Nadma, Permodalan Nasional Bhd, and Insolvency Department, to its meetings without any issue.

“It is illogical and impractical for the Dewan Rakyat to pass individual motions for each of the PSC’s meetings.”

Khoo, who is a member of the PSC on Agencies, said the committee had sought the opinion of a minister in the Prime Minister’s Department before issuing Azam the letter. 

“Azam need not assume that he is an expert on the rules and procedures of Parliament. He should leave the matter to MPs and comply with the PSC’s instructions.”

Yesterday in an interview with The Star, Azam said he did not show up for the PSC special meeting because it was merely an invitation to attend.

He said if he had been subpoenaed, he would have attended the meeting because as an enforcement officer, he knows the law and would respect it.

“It is not that I refused to attend but I merely pointed out to the Parliament secretary that under Procedure 83 (4) of the Dewan Rakyat Standing Order, the deliberations of a select committee shall be confined to matters referred to it by the House.

“If there is a referral from the House, I would have certainly attended the meeting. I believe they understood my point and that was why the meeting was postponed.”

He also alleged that he was being made a target as part of an agenda to undermine the Malaysian Anti-Corruption Commission.

Azam said he was told more “attacks” would come his way, the cost he had to bear as the top graft-buster.

In his 37 years of serving the country as a law enforcement officer, he believes that he had made enemies from arresting and prosecuting many people – politicians, government officers and syndicate members, among others.

“I expect there are people who are angry with me and want to settle some scores.” – The Vibes, March 14, 2022

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