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Assemblymen bribery video: Whistleblower lodges police report after death threat

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Why the Whistleblower Protection Act is no comfort to would-be informants | Scoop
MACC insists a whistleblower lodge a full report before qualifying to receive protection under the Whistleblower Protection Act 2010; however anti-graft civil society group C4 contends that the law places too much emphasis on informants’ motives rather than the alleged crimes. - Scoop file pic, November 12, 2024
News

Why the Whistleblower Protection Act is no comfort to would-be informants

Anti-corruption group C4 spells out the law’s weaknesses, calls for legal reform

Scoop Reporters
Updated
10:44 AM MYT

 

KUALA LUMPUR — The Whistleblower Protection Act 2010 needs reform so that informants who are part of a scandal will still be protected, an anti-graft civil society group said.

Commenting on recent news reports on a whistleblower’s video recordings of assemblymen discussing bribes and demands for protection, the Center to Combat Corruption and Cronyism (C4 Center) said parts of the Act currently deter informants from coming forward.

“Section 11(1)(a) of the Act mandates the revocation of whistleblower protection if the enforcement agency is of the opinion that the whistleblower has participated in the improper conduct disclosed. 

“Furthermore, section 11(1)(c) revokes protection if the enforcement agency is of the opinion that the disclosure is made…with the motive of avoiding dismissal or other disciplinary action. 

“This means that if the whistleblower is found to be part of the scandal or is mainly whistleblowing to avoid dismissal or disciplinary action, they lose their protection

“This aspect of the law has been heavily criticised for limiting the scope of whistleblower protection, as it is often only individuals closely connected to the cases who have access to incriminating evidence,” C4 said in a statement.

The group was commenting on reports that the whistleblower has been seeking protection from the Malaysian Anti-Corruption Commission before coming forward with more information on the assemblymen, whose names and the state they are from have not been revealed.

However, MACC chief commissioner Tan Sri Azam Baki has said that the individual must first lodge a full report, before qualifying to receive protection under the Act.

C4 said that the focus should be on the alleged crimes, rather than the whistleblower.

The group added that it was not surprising the whistleblower, through their lawyer, has publicly stated fear of political and personal repercussions as the revelations concern top politicians. Additionally, the Act’s inadequacy to grant protection is also a factor.

Malaysiakini on Nov 9 reported on eight incriminating videos shared with the portal by the whistleblower which showed several assemblymen discussing bribes given to them in exchange for supporting a project.

The news portal also reported that the whistleblower had sent an official letter to Prime Minister Datuk Seri Anwar Ibrahim requesting protection before lodging a report with MACC.

Today, it was reported that the whistleblower lodged a police report after receiving a death threat.

Lawmakers who have spoken on the matter include Kepong MP Lim Lip Eng urged the whistleblower to contact him and he would reveal the assemblymen’s names and other information in Parliament for the authorities to take action, while Bukit Gelugor MP Ramkarpal Singh, urged MACC to use its discretion and grant protection to the whistleblower given the video evidence available. – November 12, 2024

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