Thesun 2008-12-03 Page01 Independent Aca At Last

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No. 4652 PP 2644/12/2008 (020369)

December 3, 2008

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Independent ACA at last

Thai court disbands ruling party, Somchai barred BANGKOK: Thai Prime Minister Somchai Wongsawat (pic) was banned from politics for five years and his party disbanded yesterday, plunging the country deeper into chaos and raising fears of a violent backlash by government supporters. Party members vowed to “move on” and vote for a new prime minister on Monday, setting the stage for another flashpoint in Thailand’s three-year old political crisis. First deputy prime minister Chavarat Charnvirakul would take over as interim prime minister, a government spokesman said. The Constitutional Court also disbanded two other parties in Somchai’s six-party coalition for vote fraud in the 2007 general election and barred their leaders from politics for five years. The rulings raised the risk of clashes between red-shirted government allies, who rallied outside the court as a judge read out the verdict, and thousands of the yellow-shirted antigovernment protesters blockading the capital’s two airports. Hours before the court decisions, one person was killed and 22 wounded after a grenade was fired at protesters besieging the domestic Don Muang airport. The People’s Alliance for Democracy (PAD), who invaded Bangkok’s two main airports last week in a “final battle” to topple Somchai, said they would end the blockades today. The PAD had refused to negotiate until Somchai was gone. They accuse Somchai of being a puppet of his brother-in-law, ousted prime minister Thaksin Shinawatra, reports Reuters. Around 250,000 foreigners have been stranded by the week-long sit-ins. The air cargo industry has ground to a halt, costing the country hundreds of millions of dollars. Earlier, Serirat Prasutanond, acting head of Airports of Thailand said the international airport will remain closed until Dec 15 due to the blockade.

by Terence Fernandez [email protected]

ETALING JAYA: Finally, a truly independent AntiCorruption Agency (ACA) that will report to Parliament is close to reality. Accusations that the agency tasked to fight corruption is a toothless tiger which victimises complainants and is subservient to the executive and practices selective enforcement will be put to rest with the establishment of the Malaysian Anti-Corruption Commission (MACC). Prime Minister Datuk Seri Abdullah Ahmad Badawi is expected to table the Bill next Thursday. Scheduled to come into effect on Jan 1, the ACA will see a change in name, function and be more effective in fighting graft. The MACC will be able to decide on prosecution in most cases, without having to refer to the Attorney-General (A-G)’s office for sanction to prosecute. The MACC is one of the key reforms to the pillars of justice mooted by Abdullah before he leaves office in March. The others being a judicial appointments panel and a police misconduct inquiry commission. According to sources, the powers of the A-G will not be usurped but with senior deputy public prosecutors (DPPs) from the A-G’s Chambers seconded to the MACC and with the commissioner having the powers of a DPP, it can decide on prosecutions.

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“This means, the commissioner (the directorgeneral of the agency) will enjoy unprecedented independence as enjoyed by the A-G, the auditor-general and judges,” said a source. “The commissioner will decide on prosecutions after consulting with senior federal counsel seconded to the MACC. The A-G will be consulted from

time to time. The commission will be independent of the A-G but the commissioner and judicial officers seconded to the MACC have the power to sanction prosecution,” said one source, adding that the common complaint now is that after all the ACA’s hard work, it is still up to the A-G to prosecute or not. Modelled after Hongkong’s Independent Commission Against

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Lucky pair… Rohana clings on to her son after passers-by pulled them from the back seat of their wrecked car just before it burst into flames and exploded. Her husband, Lans Koperal Mohd Aznib Abdul Aziz, who was at the wheel, and another child, aged six, who was seated in the front passenger seat, died in the crash which occurred at 6.30am yesterday near the Seremban rest area. The two victims were sent to Tuanku Ja’afar Hospital for post-mortem. – Bernama

Corruption (ICAC), the MACC Bill addresses weaknesses in the system and gives birth to a truly independent agency, that is monitored by five committees. “Although this Bill is fashioned largely after the ICAC, the Malaysian model is better as it has many tiers of checks and balances and reports to Parliament,” the source said. He said the Bill, among others, included provisions for: Independent MACC Complaints Committee that looks into grouses against the investigation process and conduct of officers; Special Committee on the MACC that advises the prime minister; and Anti-Corruption Advisory Committee to advise the MACC. The proposed MACC will also see the setting up of an Operations Review Panel to look into investigation papers and study conflicting decisions between the commission and DPP; and a Corruption Consultation and Prevention Panel that looks into general enhancements of best practices to prevent graft. Significant is the Special Committee on the MACC in Parliament which is made up of seven MPs appointed by the King. Among others, this committee can also question and ask the commission to explain the annual report which is tabled in Parliament. The seven-member AntiCorruption Advisory Committee, meanwhile, is to be headed by a retired judge and liaises with the Special Committee on the MACC on the commission’s activities. The Complaints Committee, meanwhile, will address public grouses, focusing on the behaviour and conduct of officers, alleged victimisation of whistleblowers and complainants. It is understood that this committee will function somewhat like the failed Independent Police Complaints and Misconduct Commission which was resisted by the police. “The police refused to support it, but here the ACA itself is suggesting a complaints board to regulate and check on its own officers,” said the source.

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