Albert S Counsel Shreds Kula S Bank Loan Nonsense Schools Him On Law

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Businessperson Albert Tei’s lawyer lambasted M Kulasegaran for likening whistleblower protection to a bank loan application, a comparison he says grossly trivialises a vital legal safeguard.
“With respect, this is nonsense,” Mahajoth Singh told Malaysiakini of the remarks by the deputy minister in the Prime Minister’s Department (Law and Institutional Reforms).
Mahajoth (above) stressed that whistleblower protection is not a commercial transaction but a legal mechanism rooted in public interest, enacted by Parliament, and essential to combat corruption.
“To equate whistleblower protection with a bank loan is not only misguided, it trivialises the law and undermines public confidence in the very institutions meant to uphold it.
ADS“In fact, the government’s attitude speaks volumes. One would have expected the government, at the very least, to be proactive, to reach out to a whistleblower offering to assist in exposing corruption at the highest levels. Instead, there has been just a dismissive analogy to a loan application,” he added.
Mahajoth also took aim at the deputy minister’s “baffling” reference to “established procedures as if they are set in stone” and his “deeply flawed understanding of the law”.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) M Kulasegaran“May I remind the deputy minister that the Whistleblower Protection Act 2010 (the Act) is currently being amended. In fact, you just stood in Parliament and debated its reform. I hope you understand that reform implies there is something to be improved. So what exactly are these sacred ‘procedures’ you now speak of as immutable?
“But what is most alarming is the blatant contradiction in his own words. Just days ago, he promised Malaysians that the government ‘will not compromise’ when it comes to intimidation. Now, it’s suddenly a bank loan application? Which is it? Because both statements cannot be true at the same time.
“Finally, and perhaps most importantly, his understanding of the law is deeply flawed. He says my client must first provide information, and then, after some vague ‘evaluation’, protection might be considered. That is not what the law says,” he added.
Mahajoth urged the deputy minister to revisit Sections 2, 6, and 7 of the Whistleblower Protection Act or, if “clarity remains elusive”, to consult the attorney-general for proper legal advice.
“It is deeply troubling that a deputy law minister who just tabled amendments to this very Act appears not to understand the basic structure and purpose of the legislation.
“So once again I ask: will my client be accorded whistleblower protection, or will this matter, like so many others, be quietly sidelined simply because it involves individuals in high places?” he said.
Bank loan analogy
Kulasegaran yesterday stated that whistleblowers must follow “established procedures” akin to applying for a bank loan.
“You cannot just ask for protection - without making a report through proper channels - and assume that it (whistleblower protection) will be granted,” he told Malaysiakini.
“It’s like asking for a bank loan - there’s no guarantee that you will get it, (but) you still have to adhere to set processes,” the deputy minister said.
He was responding to Mahajoth’s earlier request for his client to be granted protection before disclosing the identity of an “extremely high-level” MACC officer alleged to have warned him against lodging a report in connection with the Sabah mining scandal.
Mahajoth’s call came after Kulasegaran urged Tei to lodge a police report and name the MACC officer, assuring him that the Madani government would not compromise on such threats and would take the sternest action if the allegation proved true. - Mkini

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