MACC WANTS DPA FRAMEWORK ON ASSET RECOVERY TABLED IN PARLIAMENT SOON

PUTRAJAYA, Jan 15 (Bernama) -- The Deferred Prosecution Agreement (DPA) mechanism to strengthen the country’s asset recovery framework is at the final stage of review at the Attorney General’s Chambers, said Malaysian Anti-Corruption Commission (MACC) Chief Commissioner Tan Sri Azam Baki.

He hoped that legislation related to the DPA would be tabled in Parliament soon, as the country needs a more effective mechanism to recover assets from those who commit criminal offences, particularly involving corruption and money laundering.

“The DPA issue is currently at the Attorney General’s level, which I believe is at the final stage. I really want this Act to be brought to Parliament as soon as possible, at the very least during the second session, to be tabled and decided upon by Members of Parliament.

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“It is important because we need to move forward in having a better method of asset recovery from criminals,” he said at a special press conference here today.

He stressed that the asset recovery process under the DPA applies only to parties who have committed criminal offences and not to ordinary business matters such as tax collection.

“It involves offences committed by parties out there that contravene the country’s criminal laws, including corruption-related offences, money laundering and other crimes under the Royal Malaysia Police (PDRM), environmental laws and others,” he said.

Citing an example of DPA implementation, Azam explained that companies involved in environmental pollution cases would be required to take responsibility by restoring affected areas at their own cost, compensating victims and paying penalties to the government as part of a settlement agreed upon with the Attorney General.

“For example, in a case involving environmental pollution, which is a criminal offence, if there is a DPA, one of the benefits is that the company concerned must first take responsibility to restore the affected river at its own cost.

“Second, they must compensate those who suffered injuries due to the pollution, and they must pay penalties to the government through a settlement agreed upon between the Attorney General and the offending party,” he said.

Azam said the mechanism allows for prosecution to be initiated but deferred once a settlement is agreed, including asset recovery that can later be returned to the government.

“This means prosecution can be carried out but deferred subject to certain settlements, which ultimately include asset recovery to be returned to the government,” he said.

Meanwhile, when asked about the latest developments in the investigation involving a former minister, Azam said the probe is still ongoing and requires some time to be completed.

“The case is still ongoing, and my officers need a little more time, perhaps one or two weeks from now, to complete the investigation,” he said.

On Jan 13, Azam was reported as saying that the MACC was still investigating a former minister suspected of receiving bribes of about RM5 million as well as a luxury car, involving advertising projects and land transfers in the federal capital.

However, Azam said the commission could not yet disclose the identity of the former minister or further details related to the investigation.

-- BERNAMA