Gratification includes donation under MACC Act 2009

RM2.6 billion in Najib’s personal accounts is corrupt money – Din Merican

As reward for supporting beleaguered Prime Minister Datuk Seri Najib Razak, the new Cabinet appointees, especially Datuk Abdul Rahman Dahlan and Datuk Seri Azalina Othman are posturing, as a mark of gratitude, with ridiculous ideas that are not only perverse but also blatantly mocking of the whole purpose of preventing corruption.

Rahman and Azalina are now defending the secret huge sums of RM2.6 billion found in the prime minister’s personal bank accounts as political funding and that Najib is holding the sludge fund as a trustee of Umno.

It is unbelievable that they can come up with such a spin.

The argument is perverse in its logic of defending the indefensible, because it is flawed in facts:

a) Umno is a registered political organisation. Its accounts must be duly accounted for to the Registar of Societies. This was not done until the account was closed. Just check with the Companies Commission of Malaysia (CCM);

b) if the money is held as a trustee for Umno, how come this trust account is unknown to Umno itself that is the deputy president and Supreme Council? are unaware of it until Rahman and Azalina raised this excuse that it is a political trust fund in the prime minister’s name. If so, was there a trust document; was it discussed when it was created and disbursed by approval at any Supreme Council meeting? and

c) ?if it is political donation, how come Najib has such difficulties to be open and transparent about it and has been unable to give us straight answers. His answers so far are wishy-washy not in the manner now argued by Rahman and Azalina.

Let us be very clear, money kept in secretive ways is a red flag that it is for an improper corrupt purpose. Now let us deal with the legal issue which will show that Rahman and Azalina ?are propagating views which are totally contrary to the provisions of the MACC Act, 2009.

Section 3 (S.3)

S.3 of the MACC Act defines Najib, Rahman, Azalina, 4 Public Accounts Committee (PAC) members, all the Cabinet members and all parliamentarians as “officers of a public body” by virtue of them being “members of the ?administration” or “members of State Legislative Assembly” or “officers of Government of Malaysia or Government of a State”. They are all prohibited from receiving any form of gratification.

Gratification has a long definition to include not just money but also donation, gift, loan, fee, office, post, dignity, employment, contracts, service, forbearance, protection.

Section 50 (S.50)

S.50 of the MACC Act clearly states that anyone of these officers of public body who gives or receives gratification is presumed to have ?done so corruptly.

Section 16 (S.16)

S.16 of the MACC Act provides that any of them who gives or receives corrupt gratification commits an offence punishable by 20 years’ imprisonment.

RM2.6 billion in Najib’s personal accounts is corrupt money – Din Merican
3 August 2015 – TMI


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