(Aug 21): The Malaysian Anti-Corruption Commission (MACC) should question  Datuk Seri Najib Razak over allegations by Barisan Nasional strategic communications director Abdul Rahman Dahlan that the prime minister had to "take out people" after an alleged charge sheet against him emerged, a DAP leader said.

Gobind Singh Deo said he lodged a report over the August 16 article in Malaysiakini, adding that section 23(1) of the MACC Act 2009 could be applied to the facts of the case.

That section reads that "any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence".

The phrase "officer of a public body" is defined in section 3 of the MACC Act to include "a member of the administration" and according to a High Court ruling that includes a prime minister.

"It is, therefore, my considered view that the phrase 'officer of a public body' in section 23(1) will include Najib as prime minister," he said in a statement today.

Gobind, who is a lawyer and DAP national legal bureau head, said there was a presumption under section 23(2) which stated that the officer shall be presumed to use his office for gratification when he made a decision or took any action in relation to any matter he had an interest in.

"In this case Rahman's statement is clear enough. He says the prime minister did that (take out people) after an alleged charge sheet against him (Najib) emerged. That to my mind is a matter in which the prime minister had an interest.”

Gobind said there was enough material for the MACC to call in Najib for questioning.

"Whether or not any offence has been committed is left to be seen. That would depend on the outcome of the investigation and I reserve my comments on that for later," he said.

Gobind said when it came to former opposition leader, Datuk Seri Anwar Ibrahim, there was swift action.

"The MACC must act likewise in this case. The prime minister should be called in for questioning without delay."

In an interview which was first published in The Star Online on Sunday, Rahman had reminded the public that newly appointed Attorney-General Tan Sri Mohamed Apandi Ali considered the alleged charge sheet to be false and part of a plot to criminalise Najib.

"Given that scenario, what would you do? You would take drastic action, wouldn’t you? Okay, take these people out first so that things will get back to normalcy and see what will happen next.

“If you could appreciate that scenario, then you would understand the flurry of action taken by the PM," Rahman was quoted as saying in the interview.

News portals Malaysiakini and The Malaysian Insider subsequently published parts of the interview.

Following incessant attacks by the opposition, Rahman denied admitting to the existence of a charge sheet against Najib.

He said the opposition had twisted the interview. – The Malaysian Insider