BY: TAN SRI DZULKIFLI AHMAD

I have taken note of the recent statement issued by the legal counsel representing Pamela Ling, which has raised several pressing concerns regarding the conduct and legality of the ongoing investigation by the Malaysian Anti-Corruption Commission (MACC).

It is indeed surprising to learn that Pamela was previously arrested and remanded by the MACC. Such actions clearly confirm her legal status as a suspect at that time.

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.

This development warrants serious scrutiny. Once an individual has been arrested, remanded, and has had their statements recorded during the remand period, the law does not permit further statement-taking in the same capacity—unless that individual is reclassified and treated as a witness, and even then, only with the express consent and approval of the Deputy Public Prosecutor (DPP).

Under the MACC Act and established legal procedure, it is a fundamental principle of due process that the power of arrest should only be 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.

The MACC should emulate its own approach in present and previous cases such as the investigation involving Dato’ Sri Ismail Sabri, where although he was a suspect, he was not arrested, and the process proceeded by recording his statement.

Similarly, in the case of Vivy Yusof, although she was also a suspect, no arrest was made during the investigation phase, 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.

The sequence of events in Pamela’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.

**Tan Sri Dzulkifli Ahmad is a former Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC)

-THE MALAYSIA VOICE

(The views expressed on this opinion is of the writer and not the publisher)