Saravanan questions why 12-year-old son was brought to MACC HQ

KUALA LUMPUR: Former human resources minister Datuk Seri M. Saravanan questioned why the Malaysian Anti-Corruption Commission (MACC) did not clarify that his 12-year-old son was not required to attend its headquarters before he brought him there on Monday.

In a Facebook post today, Saravanan said they were only informed after entering the premises that his son was not required to sign anything and could return home.

"If he did not need to be there, why was this not clarified before a 12-year-old was brought to an anti-corruption headquarters?" he wrote.

Earlier, Saravanan criticised the agency's explanation, describing it as "entirely illogical" for his 12-year-old son to appear at its headquarters.

"With one child abroad, it was reasonable to understand that the other was my 12-year-old son," he said.

Saravanan said he had already informed MACC officers that his son was a minor and had no property in his name.

"Yet it was only after he walked through the doors of MACC headquarters that we were told he did not need to sign anything and could go home," he said.

He said MACC had since claimed that his son was never meant to be served and suggested that the family might have brought him because there was no one at home to look after him.

"This is ludicrous and never any parents' option to begin with," he said.

Saravanan also questioned MACC's position that the law imposed no age limit on such a notice.

He cited Section 36 of the MACC Act 2009, which provides for a person to furnish a statement on oath, with failure to comply carrying criminal consequences.

However, he said the legal system recognised that children might not have the capacity to understand the significance of an oath.

He cited Section 133A of the Evidence Act 1950, which provides for children of tender years to give unsworn evidence.

"So the question cannot simply be whether Section 36 contains the words '18' or '12'.

"It must also be whether applying an adult investigative mechanism to a 12-year-old produces an absurd and disproportionate result," he said.

Saravanan said Section 17A of the Interpretation Acts 1948 and 1967 required legislation to be interpreted in a manner consistent with its purpose and effect.

He said the issue was not merely whether the law technically allowed such a notice, but whether the process was appropriate when applied to a child.

On Sept 25, MACC chief commissioner Datuk Seri Abd Halim Aman announced that asset declaration notices would be served on Saravanan, his wife and 3 children on Sept 28.