PETALING JAYA: Dewan Rakyat Speaker Datuk Azhar Azizan Harun does not agree with Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki’s statement that his refusal to appear before the Special Select Committee on Agencies under the Prime Minister’s Department was because it was merely an invitation and not a subpoena.
"I have read online that Azam said that he was not subpoenaed but only invited.
"I do not agree with this, I definitely do not agree with that statement," Azhar said when replying to a question raised by Khoo Poay Tiong (PH – Kota Melaka) in Dewan Rakyat on Tuesday (March 1).
Khoo had asked for the advice of Azhar on whether he agreed with Azam’s statement on his refusal to appear before the Committee.
Azhar said he did not agree with that statement as he cited Procedure 83(2) of the Dewan Rakyat Standing Order.
He said 83(2) that mentions "summoned" is akin to an individual being "subpoenaed".
He added that the term "subpoenaed" is merely used in the courts.
"If a person is summoned, it can be through a letter and the letter can be clearly stated either firmly or softly.
"If the letter by the chairman is clear then the person that is summoned, invited, or is required to attend has to appear (before the Committee) as under 83(2) this is clear," he said.
Previously, Azam had said that he did not appear before the Committee as it was an invitation for him to attend the meeting and not a subpoena.
Azam had said that if it was a subpoena, he would have attended because as an enforcement officer, he knew the law and would respect it.
However, Azhar said the issue of whether Azam did not want to appear before the Committee did not arise as the meeting had been postponed and the date had been left vacant for now as the chairman of the Committee had also sought legal advice for it as Azam had written a letter to raise legal issues pertaining to it.
He added that since a date had not been issued for the meeting, the issue of Azam not appearing before the Committee did not arise.
Azhar also stressed that he did not have the power to compel an individual to appear before the Committee under 83(2).