Two guilty of obstructing MACC men, says former A-G

PETALING JAYA: The Chief Secretary and director-general of the Public Services Department (PSD) were guilty of obstructing two public officers from doing their job when they had two MACC officers transferred, says former Attorney-General Tan Sri Abu Talib Othman.

He cited Section 186 of the Penal Code which deals with contempt of the lawful authority of public servants.

It states: Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to ten thousand ringgit, or with both.

“In my view, prima facie, they have committed an offence,” Abu Talib said yesterday.

Last Friday, Malaysian Anti-Corruption Commission special operations division director Datuk Bahri Mohamad Zin and strategic communications director Datuk Rohaizad Yaakob were given transfer orders to the Prime Minister’s Department with immediate effect.

However, they were ordered to meet Chief Secretary Tan Sri Dr Ali Hamsa and PSD director-general Tan Sri Mohamad Zabidi Zainal on Monday, after which the transfer orders were rescinded.

“From news reports, it would appear that the two MACC officers were directly involved in the investigation of 1Malaysia Development Bhd and that they were transferred without the opportunity of being heard first,” said Abu Talib.

He said it was only after criticism by a member of the administration (Youth & Sports Minister Khairy Jamaluddin) and the public that the officers were asked to give an explanation.

“The officers were exercising their public duty. Prima facie, therefore, the action of the Chief Secretary and PSD director-general appear to have interfered with the exercise of a public duty by a public servant.”

Abu Talib said the transfer had been resolved but that was not the end of the matter.

The question that arises, he said, was whether the order for an immediate transfer constituted an offence.

In his view, he said they had committed an offence.

“In the interest of the public and the investigating agency, MACC should continue without interference. The Attorney-General should instruct the police to investigate the transfer.

“If it is true (the transfer) was because they were performing their public duty, the A-G should not hesitate to prefer a charge under Section 186 of the Penal Code.”

“The fact that the two gentlemen hold high office does not entitle them to any form of immunity. Article 8 of the Federal Constitution guarantees equality before the law – taking appropriate action must not be delayed,” he added.