KUALA LUMPUR (May 7): Former chief commissioner of the Malaysian Anti-Corruption Commission (MACC) Tan Sri Dzulkifli Ahmad has questioned the legality of the MACC’s investigation into Datin Seri Pamela Ling Yueh, particularly further statement-taking conducted by the anti-graft body following the end of her remand.
According to Dzulkifli, once an individual is arrested, remanded and has had their statements recorded during the remand period, the law does not permit further statement-taking in the same capacity.
Only if the individual is reclassified as a witness, and only with the deputy public prosecutor's express consent and approval, is the MACC allowed to do so, Dzulkifli said in a statement.
Dzulkifly noted that Ling’s legal status was confirmed as a suspect in investigations after she was arrested and remanded by the MACC.
“However, what is deeply concerning is that following her release from remand, she was subsequently called in and had her statements recorded on no fewer than nine separate occasions,” he highlighted.
Citing the MACC Act and established legal procedure, Dzulkifli said it is a fundamental principle of due process that the power of arrest be only exercised when sufficient evidence has been gathered to support a formal charge.
“Arrests made prematurely — at a stage where investigations are still in progress — may not only be unjustified but also risk contravening both the rule of law and the core tenets of justice,” he said.
Illustrating this in practice, Dzulkifli listed MACC’s handling of the ongoing investigation involving Datuk Seri Ismail Sabri Yaakob and the prior probe into Datin Vivy Yusof.
In Ismail Sabri’s case, although he is considered a suspect, Dzulkifli underlined that he was not arrested, and the process proceeded by recording his statement.
The same is the case for Vivy, where the MACC considered her a suspect, but no arrest was made during the investigation, and she was only brought to court when charges were filed.
“These examples reflect a more measured and lawful approach that should be consistently applied,” Dzulkifli said.
“The sequence of events in Ling’s case, if accurate, calls into question the procedural integrity and legality of the investigation process.
“It is imperative that all enforcement agencies, including the MACC, adhere strictly to due process and the legal safeguards enshrined under Malaysian law to ensure that no individual’s rights are violated under the guise of investigation,” he added.
Ling was summoned to the MACC headquarters in Putrajaya on April 9 to assist in an investigation under the MACC Act 2009 and the anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.
However, she reportedly went missing en route to the appointment. A police report was made on Ling’s disappearance by her lawyer on the same day.