The Malaysian Bar acknowledges the appointment of Abdul Halim Aman as Chief Commissioner of the Malaysian Anti-Corruption Commission, effective 13 May.
While the Malaysian Bar welcomes the end of the uncertainty surrounding the MACC’s leadership succession, the way in which the government has dealt with the tenure and annual renewals of the chief commissioner has raised questions about whether Malaysia’s anti-corruption framework is adequate to command public confidence and fit for purpose.
In the Memorandum for the Reform of the Malaysian Anti-Corruption Commission, the need to, among others, insulate the MACC from executive influence, secure leadership tenure and strengthen institutional independence was clearly articulated.
The Malaysian Bar therefore reiterates its call that the MACC must be reformed to fortify its independence with transparent appointments and an appropriate fixed term for its chief commissioner to avoid such uncertainties and unnecessary annual speculation.
Abdul Halim brings to this role both prosecutorial and judicial experience in criminal law, having served as deputy public prosecutor at the Attorney General’s Chambers and as a seasoned High Court judge, with extensive experience in presiding over criminal proceedings.
The Bar notes that Abdul Halim would be well-acquainted with foundational principles of justice and the rule of law: the presumption of innocence; the burden of proof beyond reasonable doubt; the constitutional right of legal professional privilege; the constitutional right to counsel; the right to a fair trial; the rules of natural justice; and the demands of upholding the integrity of the criminal justice system.
The Malaysian Bar looks forward to him bringing this considerable knowledge to bear fully and conscientiously in the discharge of his duties as chief commissioner, a role which demands objectivity, independence and conduct beyond reproach and without fear or favour. – Bar
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Anand Raj is the president of the Malaysian Bar
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