LETTER | Now that the home affairs minister has called the act of selling MyKad(s) and birth certificates to foreigners a huge betrayal to the country, will the MACC investigate MyKad sale allegations only if there is sufficient evidence?

If the MACC were to conduct investigations only if there is "clear evidence" regarding the case as its chief commissioner Latheefa Koya was reported to have said, then it would be a betrayal of duty under section 29(3) of the MACC Act 2009 (the act). 

The section empowers (read: imposes an obligation on) the MACC to conduct an investigation if there is "reason to suspect the commission of an offence" under the act.

With due respect, the MACC does not need to wait for "clear evidence" or "strong grounds" to investigate - a reason to suspect is sufficient. 

Reason to suspect or reasonable suspicion is at or near the starting point of an investigation. The obtaining of "clear evidence" or, in legal terms, prima facie proof is the end of investigation.

It is not the other way round – to start an investigation if there is clear evidence.

So MACC, is there no reasonable suspicion of the commission of an offence under the act to start an investigation?

Let there be no betrayal of duty.

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