SHAH ALAM - Malaysian Anti-Corruption Commission (MACC)'s investigations or prosecutions are based on the provisions and requirements in offences under the agency's act and are not subject to any decision or findings of the court.
Lawyer M Hafiz Zainul Abidin said MACC should not make any prosecution without investigations as the elements and evidence to prove an offence under the MACC Act were different.
"The investigation or prosecution from MACC towards a case or an individual under the MACC Act comes back on the MACC itself.
"MACC investigations alone are based on the provisions and requirements in offences under the MACC Act itself and it is not subject to any court decision or finding,” he told Sinar.
The Terengganu Election Court on Tuesday received a petition filed by a voter to annul the victory of Kemaman MP from Pas Che Alias Hamid from the 15th general election (GE15) after it found elements of bribes on voters during the Parliamentary election campaign.
Hafiz said that based on previous election petition case, the bribe elements or any corruption acts were based on the interpretations in the Election Offences Act 1953.
"Court findings regarding the corruption acts were based on the Election Offences Act 1953 where the court’s interpretation and findings were based on the relevant act and not under the MACC Act.
"Although the court said there was an offence in the form of corruption during the election campaign, was the offence as how it was listed under Section 16 or Section 17 of the MACC Act?
"It was an offence that leads more towards mismanagement,” he said.