PETALING JAYA: Former Malaysian Anti-Corruption Commission (MACC) chief Tan Sri Dzulkifli Ahmad has voiced concerns about the legality of the commission’s investigation into Datin Seri Pamela Ling, particularly following her arrest, remand and subsequent disappearance.
Dzulkifli questioned whether due process was observed during the course of the investigation because Ling had already been arrested, remanded and had her statement recorded – actions that, under Malaysian law, firmly established her status as a suspect.
“Once someone has been arrested and remanded, further questioning in the same capacity is not permitted unless the individual is reclassified as a witness, and only with the DPP’s approval,” he said in a statement, adding that under the MACC Act, a person should only be arrested when there is sufficient evidence to support a formal charge.
“Making arrests prematurely while investigations are still ongoing may not only be unjustified but also risks violating the rule of law and the fundamental principles of justice.
“The MACC should adopt the same approach it used in other cases, such as that of Datuk Seri Ismail Sabri, who was treated as a suspect but not arrested, and whose statement was simply recorded instead.
“Likewise, in the investigation involving Vivy Yusof and her husband, the founders of FashionValet, no arrests were made even though they were also suspects.”
Dzulkifli said the examples reflect a more measured and lawful approach that should be consistently applied.
“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 individual rights are not violated under the guise of investigation,” he stressed.
In response, the MACC defended the legality of its investigation into Ling and her husband, Sarawakian businessman Hah Tiing Siu, saying that all actions taken were within the bounds of the law.
It said the probe began in May 2024 over alleged corruption and money laundering. While Hah reportedly cooperated with authorities, Ling allegedly did not, despite being summoned, prompting MACC to obtain an arrest warrant from the Putrajaya Magistrate’s Court on Dec 2 last year.
On Jan 8, in a joint operation with Singapore’s Corrupt Practices Investigation Bureau, Ling was apprehended and brought back to Malaysia. She was remanded from Jan 9 to 11 before being released on MACC bail. On April 9, she was again summoned following the emergence of new leads in the investigation, and a court order was obtained requiring her to surrender her travel documents.
“However, Ling failed to attend on that day, and her lawyer subsequently lodged a police report regarding her disappearance on the same day.
“All actions were taken within the ambit of the law, including securing court orders and complying with procedural requirements,” said the MACC, adding that allegations of misconduct were unfounded and that Ling’s judicial review filing did not invalidate the ongoing investigation into her and her husband.
Previously, Ling had accused the MACC of misusing the MACC Act and anti-money laundering laws to pressure her into settling personal disputes with her estranged husband rather than pursuing legitimate investigative aims. She had also questioned the legal basis of her arrest and remand.
MACC maintained that its probe remains valid and that it continues to cooperate with police in efforts to locate Ling.
“Accordingly, the MACC urges all parties to refrain from speculation that could hinder the investigation or create confusion among the public.
“At this stage, our shared priority should be to provide full cooperation in locating and safely returning Ling. Continued cooperation with the authorities is essential to ensure this can happen smoothly and swiftly.”
