S.3 of the MACC Act defines Najib, Rahman, Azalina, 4 Public Accounts Committee (PAC) members, all the Cabinet members and all parliamentarians as “officers of a public body” by virtue of them being “members of the administration” or “members of State Legislative Assembly” or “officers of Government of Malaysia or Government of a State”. They are all prohibited from receiving any form of gratification.
Gratification has a long definition to include not just money but also donation, gift, loan, fee, office, post, dignity, employment, contracts, service, forbearance, protection.
Section 50 (S.50)
S.50 of the MACC Act clearly states that anyone of these officers of public body who gives or receives gratification is presumed to have done so corruptly.
Section 16 (S.16)
S.16 of the MACC Act provides that any of them who gives or receives corrupt gratification commits an offence punishable by 20 years’ imprisonment.
Thus:
a) Najib who received the secret fund has committed an offence of corruption;
b) Najib who offered Cabinet posts to the four PAC members to disrupt their duty from reporting to Parliament on the Auditor-General’s report commits not only obstruction of justice but also corruption by offering them Cabinet posts so that they forbear reporting negatively against him in their PAC report;
c) The four PAC members who abandoned their duty in the PAC have not only betrayed their duty to report to Parliament but also created a conflict of interest whereby they now have information that they can use to protect the prime minister, and by accepting to be cabinet members have also committed the offence of corruption;
d) Rahman, Azalina, the other cabinet members and all the Umno Supreme Council members who are aware of the now admitted “slush fund” have also committed abetment of the corruption.