Sunday November 8, 2009

Lawmakers on the wrong side of the law

By LEE YUK PENG

IT was sheer irony last week at the Dewan Rakyat; those in the business of determining for the country what is legal or illegal and prescribing biting penalties for the lawbreakers found some of their current and former colleagues at the wrong side of the law.

While Sabak Bernam MP Abdul Rahman Bakri, from the Barisan Nasional, is facing eight charges of corruption, Tian Chua

(PKR — Batu) was convicted of biting a policeman.

He is appealing the six-month jail sentence and RM3,000 fine imposed last month.

Under Article 48 of the Federal Constitution, a member of either House of Parliament is disqualified if convicted by a court and sentenced to a jail term of not less than one year or a fine of not less than RM2,000 and has not received a pardon.

Others already facing charges are Opposition Leader Datuk Seri Anwar Ibrahim (PKR — Permatang Pauh) for sodomy and Karpal Singh (DAP — Bukit Gelugor) for sedition.

When Abdul Rahman was charged in court last Tuesday, several backbenchers chose to leave their parliamentary duties to turn up in court to give him moral support instead.

The biggest bomb fell mid-week when the “attack”, as it were, came from within: the Public Accounts Committee (PAC) recommended that former minister Tan Sri Chan Kong Choy be investigated for criminal breach of trust by the Malaysian Anti-Corruption Commission (MACC) or the police over the Port Klang Free Zone (PKFZ)

project.

There was a palpable silence in the Dewan as MPs tried to digest the piece of news and wondered who would be “next.”

Veteran backbencher Datuk Shahrir Abd Samad (BN — Johor Bahru) raised the issue of having a code of ethics for MPs while debating the Supply Bill.

Apart from that subtle reference to the corruption charges Abdul Rahman had claimed trial to, no one else went there during the debate.

The same for the PAC report on the controversial PKFZ, which was tabled alongside the Pricewaterhouse Coopers’ reports on the scandal-ridden project.

MPs struck scrupulously to their prepared text when debating the Supply Bill with no casual mentions even of the PKFZ project when such a report otherwise would have been fodder for jibes at the very least.

Lim Kit Siang (DAP — Ipoh Timur) continued to press for action to be taken against those involved in the PKFZ scandal, in the Parliament Lobby.

This was a total contrast when compared to the number of MPs from both sides questioning the arrest of former Perlis Mufti Dr Mohd Asri Zainul Abidin by the Selangor Islamic Affairs Department the day before.

While Datuk Seri Abdul Ghapur Salleh (BN — Kalabakan) expressed disbelief that an ulama who gave religious lectures throughout the country had failed to get Selangor’s permission to do so, Mohamed Azmin Ali (PKR — Gombak) and Dr Zuraida Kamaruddin (PKR — Ampang) supported the call for a uniform set of religious laws.

It’s highly probable that the deafening silence since the PAC recommendation for a former Cabinet minister to be probed for CBT was the realisation in among MPs that Parliament was getting serious.

Datuk Kamaruddin Jaffar (PAS — Tumpat), a three-term MP and a PAC committee

member since 2004, noted the positive changes in the PAC which had moved from merely looking into audited accounts to probing current projects like the PKFZ and Eurocopter deal.

“I am happy with the outcome,’’ said Kama-ruddin, adding that the discussions in the PAC were non-partisan.

A veteran journalist suggested the bigger representation of opposition MPs in PAC had probably resulted in better check and balance within the PAC.

Chaired by Datuk Seri Azmi Khalid, the PAC comprises seven

other backbenchers and four opposition MPs.

“The PAC report is transparent. You can read minutes of the inquiry verbatim,’’

said Datuk Seri Nazri Abd Aziz, the

minister in the Prime Minister’s Depart-ment.

“No one is above law, including the MPs,’’ said Nazri Abd Aziz.

Nazri, who oversees law affairs, Parlia-ment and also the MACC, said probes

were ongoing and tight-lipped about

who is next, or whether there would be more.

The announcement by Prime Minister Datuk Seri Najib Tun Razak that a goodwill payment (wang ehsan) would be paid to Kelantan saw opposition MPs going after Najib.

Citing Standing Orders, Dr Dzulkefly Ahmad (PAS — Kuala Selangor) claimed Najib had misled the House in saying the payment of oil royalties was only applicable to petroleum found three nautical miles off when this was not stated in the Petroleum Development Act.

Chaos followed after Speaker Tan Sri Pandikar Amin ruled against Dr Dzulkeflly.

The race of MPs seeking a chance to debate the Supply Bill also saw sittings extended till late night.

Among the popular topics raised were the RM50 service charge imposed on credit cards, 5% property gains tax, climate change, and the cases highlighted by the auditor-general’s report.

Ministers will be taking turn to reply on points raised by MPs when the Dewan resumes sitting on Monday.

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