MACC urged to protect
whistleblower in
assemblymen bribery case
Ramkarpal Singh points out that such protection can be revoked under several circumstances, including if the whistleblower took part in the misconduct disclosed.
Bukit Gelugor MP Ramkarpal Singh said such protection should be accorded to the person as long as his complaint was not found to be frivolous following investigations.
“No doubt, such protection may be revoked under certain circumstances under Section 11 of the Whistleblower Protection Act 2010 (Act 711), but such revocation is at the discretion of the authority receiving the complaint, in this case MACC,” the DAP man said in a statement.
Section 11 allows enforcement agencies to revoke protection if a whistleblower took part in the disclosed misconduct or if the disclosure was frivolous, among others.
“Surely, it must be MACC’s priority to prevent corruption, particularly involving the administration of a state government, and to ensure the objective of the Whistleblower Protection Act is fulfilled,” Ramkarpal said.
The ex-deputy law minister cited Act 711 which states that its purpose was to “combat corruption and other wrongdoings by encouraging and facilitating the disclosure of improper conduct in the public and private sectors”.
Ramkarpal added that such disclosures will continue to be stifled if the fear of repercussion remains, reflecting the need to ensure protection for the whistleblower.
Eight videos are reported to have surfaced showing discussions between a businessman and assemblymen of bribes for a project licence.
MACC chief commissioner Azam Baki said the agency’s officers have met a lawyer over the alleged case. According to Malaysiakini, Azam said the lawyer wanted an agreement that his client would not be probed before providing the graft-busters with more evidence.
Azam said this request was denied as MACC could not provide a written guarantee of immunity without detailed information about the alleged improper conduct.
The witness was urged to file an official complaint so that he could be granted protection under the Whistleblower Protection Act 2010. Earlier today, Azam said MACC had yet to receive any official complaint on the case.
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