Businessman loses final bid to be declared whistleblower
PUTRAJAYA (Jan 13, 2014): A businessman lost his final bid in the Federal Court here today to be declared a whistleblower and therefore gain immunity from being prosecuted for an abetment charge for the manipulation of shares.
A five-member Federal Court panel chaired by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin unanimously dismissed Siow Chung Peng's application to seek leave to appeal.
Siow, 43, applied for leave to appeal against a High Court decision which had rejected his application to be declared as a whistleblower which provided immunity from prosecution under the Whistleblower Protection Act 2010 and to nullify his prosecution.
In his ruling, Justice Zulkefli said Siow's application for leave to appeal did not comply with Section 87 of the Courts of Judicature Act 1964 as his matter was initiated at the Sessions Court and should end at the Court of Appeal.
The other members of the panel were Federal Court judges Datuk Zainun Ali, Datuk Jeffrey Tan Kok Wha, Datuk Seri Mohamed Apandi Ali and Datuk Ramly Ali.
Following this decision, Siow has to face the Sessions Court charge of abetting former remisier Datuk Goh Hock Choy who has been charged with manipulating furniture manufacturing company Lii Hen Industries Berhad's shares through 42 central depository securities accounts.
Siow was charged with committing the offence at the Bursa Malaysia Securities Berhad office 14th Floor, Exchange Square, Bukit Kewangan between March 26 and Oct 28, 2004.
In an attempt to have the charge against him struck out, he applied to the High Court to have him declared as a whistleblower to obtain immunity from prosecution.
The High Court dismissed Siow's application on Feb 5, 2013 and he was subsequently unsuccessful in his appeal at the Court of Appeal on Sept 13, 2013 as well.
Senior Federal Counsel Awang Armadajaya Awang Mahmud said that this was the first such case heard in the Federal Court with regards to the definition of a whistleblower under the Whistleblower Protection Act which was enforced in Dec 2010. Siow was represented by counsel Amer Hamzah Arshad. – Bernama