PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) is firm that whistleblowers involved in the crimes they attempt to expose are not qualified for protection under the law.
MACC Chief Commissioner Tan Sri Azam Baki confirmed that this is specified under Section 11(1) of the Whistleblower Protection Act.
According to Azam, he mentioned that protection for whistleblowers can be withheld if they were found to be complicit in the crime they are trying to expose, the New Straits Times reported.
He also mentioned that many do not “fully understand the law” and “assumed”, as quoted, that whoever has information on corruption was eligible for protection.
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Azam’s statement follows several parties calling for the anti-graft commission to offer protection to a whistleblower who exposed several Sabah assemblyman allegedly embroiled in the state’s corruption.
The whistleblower reportedly made their claims against the assemblymen through media outlets to which Azam previously urged the whistleblower to lodge their report with MACC instead.
“A person cannot reveal the information to the public and then seek protection.
“This is because the person may have exposed themselves and unverified information,” Azam was quoted as saying.
He added that expecting guaranteed protection by enforcement agencies for the whistleblower is “unreasonable”, as quoted, seeing that a report was not even lodged beforehand.
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“To apply for protection as a whistleblower, a person needs to report the crimes directly to an enforcement agency.
“Once the conditions (of the Whistleblower Protection Act) have been fulfilled, MACC will give our guarantee and commitment to protect the whistleblower,“ he was also quoted as saying.
He mentioned that these commitments include keeping a tight seal on the whistleblower’s identity and personal information, especially during trial in the event the case goes to court.
Furthermore, it is said that the whistleblower and their relatives will be free of any civil, criminal or disciplinary action following their act of whistleblowing.
Azam also reminded that failure to report a bribe solicitation is a punishable offence under Section 25 of the MACC Act 2009, landing the offender a prison sentence of 10 years and a fine of up to RM100,000 or both upon conviction.
