The Malaysian Bar has renewed its call for a Royal Commission of Inquiry (RCI) into the Malaysian Anti-Corruption Commission (MACC), citing judicial findings concerning the treatment of witnesses during investigations into Muar MP Syed Saddiq Syed Abdul Rahman.
In a statement, Malaysian Bar president Anand Raj said the findings by the Court of Appeal and Federal Court raised concerns over investigative conduct and reinforced the need for independent oversight and institutional reform of the anti-corruption agency.
The Bar called on the government to establish an RCI to investigate the judicial findings and allegations of misconduct involving MACC officers, evaluate existing oversight mechanisms and recommend structural reforms.
The Malaysian Bar referred to the Federal Court’s decision in Syed Saddiq bin Syed Abdul Rahman v Public Prosecutor, in which the apex court upheld his acquittal on four charges involving criminal breach of trust, misappropriation and money laundering.
In affirming the Court of Appeal’s decision, the Federal Court majority agreed that there was evidence of improper pressure on certain witnesses during MACC investigations, giving rise to a reasonable inference that a key prosecution witness may have tailored his evidence to support the prosecution’s case.
In his supporting judgment, Federal Court judge Datuk Collin Lawrence Sequerah noted that credible evidence had been presented concerning pressure experienced by witnesses during investigations.
The Malaysian Bar said the outcome of a police report lodged by the wife of one witness, together with a formal complaint made by Syed Saddiq to the then-MACC chief commissioner, remained unknown.
Anand said the judicial findings raised questions about investigative safeguards and public confidence in the commission.
The Malaysian Bar noted that calls for an RCI had received support from across the political and civil society spectrum.
These include the Transport Minister, Digital Minister, a cross-party coalition of 34 Members of Parliament, PAS and more than 50 civil society organisations, including the Center to Combat Corruption and Cronyism (C4) and the Coalition for Clean and Fair Elections (BERSIH).
The cross-party initiative gained support from 34 MPs in July amid allegations concerning a purported corporate mafia involving individuals linked to the anti-corruption agency.
The Malaysian Bar said an independent inquiry should examine the allegations and determine whether existing oversight arrangements provide sufficient accountability for MACC officers.
Anand said the Malaysian Bar had consistently advocated institutional reforms to strengthen MACC’s independence and accountability.
In July 2015, the Bar joined C4, the Institute for Democracy and Economic Affairs, Citizens’ Network for a Better Malaysia and Transparency International Malaysia in submitting a memorandum proposing reforms to the commission.
Further proposals were submitted to the government in 2018 and 2023, including the establishment of an independent Anti-Corruption Service Commission through a constitutional amendment.
The proposed reforms also included stronger whistleblower protection and additional institutional safeguards to reinforce the independence of MACC.
The Malaysian Bar said these proposals had yet to result in the structural changes it had sought.
Anand reiterated that an RCI should examine the allegations of misconduct and recommend reforms capable of strengthening investigative standards, accountability and public confidence in the agency.
The Bar maintained that the judicial findings in the Syed Saddiq case highlighted the importance of ensuring that anti-corruption investigations comply with due process and the rule of law.
