Misuse of funds: ‘MACC finds no proof’

Free Malaysia Today April 26, 2011

The MACC has stopped investigating Seri Kembangan state assemblyman Ean Yong Hian Wah over a criminal offence for lack of evidence.

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) had halted investigations into Seri Kembangan state assemblyman Ean Yong Hian Wah as there was no evidence that he had misused state allocations.

“The Attorney-General’s chambers orders were for investigations to stop as there was no evidence or statements to show that Ean Yong had committed such an offence,” Putrajaya MACC’s senior acting superintendent, Ahmad Shafik Abdul Rahman, 32, told the Royal Commission of Inquiry investigating Teoh Beng Hock’s death today.

Shafik had taken over the case on Aug 27, 2009, a month after the death of Ean Yong’s political aide, Teoh, which was handled by the Selangor MACC’s investigating officer Mohd Anuar Ismail.

He said that his investigations had shown that there was “no statements to implicate Ean Yong of any offence under Section 18 of the MACC Act 2009”.

“The probe showed that all four projects were completed by the contractors according to the specifications for the four claims filed by Ean Yong,” said Shafik.

Shafik was the IO (investigating officer) who was in charge of gathering documents and collecting statement for MACC’s “Ops Dun”.

He also said that claims made were all “reasonable” and investigations had shown no exaggerated claims.

Shafik admitted that he was unsure why the Selangor MACC had initiated the case in the first place.

Pressed by RCI chairman James Foong, Shafik said Selangor MACC had based its investigations on a complaint made that claims have been made for projects which were not done or completed.

Shafik also agreed to a suggestion by Commissioner T Selventhiranathan who said “investigation should have been done to determine the truth of the complaint”.

On whether Teoh’s death had derailed investigations, Shafik admitted that after Teoh died, testimonies were difficult to obtain, witnesses refused to co-operate and investigations were disrupted.

He said that he sent the completed investigation papers to the then Selangor MACC deputy director Hishamuddin Hashim who was asked to retrieve DAP’s bank details and transaction vouchers to verify that claims were made to reimburse DAP for advancing certain amounts to contractors.

However, Shafik said the then MACC investigations director Mohd Shukri Abdull ordered him to stop further checks into DAP’s bank account because it had no relevance to the case in regard to Section 18 of the MACC Act.

Teoh, a political aide to Selangor executive councillor Ean Yong, was found dead on July 16, 2009, on the fifth floor of Plaza Masalam in Shah Alam.

He was interrogated the night before by MACC officers at their office, located on the 14th floor of the same building. They were investigating alleged misuse of state allocations.

On Jan 5 this year, coroner Azmil Muntapha Abas returned an open verdict after an inquest, ruling out both suicide and homicide.

Subsequently, the government caved in to public pressure and established the commission now in session. It is investigating both the cause of Teoh’s death and if there were any impropriety in MACC’s interrogation of Teoh.