Protecting Whistleblowers Involved In Graft Could Lead To Abuse Warn Experts

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MACC is considering amendments to the Whistleblower Protection Act to offer protection to individuals who are compelled to be involved in a case, but still wish to come forward with information.
PETALING JAYA: A proposal for whistleblowers involved in corrupt practices to be protected by the law could lead to abuse of power, crime analysts warned.
Shahul Hamid Abdul Rahim said if such a proposal was included in amendments to the Whistleblower Protection Act, perpetrators could exploit the law to protect themselves against the authorities.
“It is wrong to protect those who take bribes,” he told FMT.
On Sunday, Malaysian Anti-Corruption Commission chief Azam Baki said among the amendments the anti-graft agency was considering was protecting individuals who, under certain circumstances, are compelled to be involved in a case, even a minimal role, but still wish to come forward with information.


Azam said that under the existing law, even the slightest involvement in corrupt practices disqualifies them from protection.
Earlier this month, the Center to Combat Corruption & Cronyism (C4) mooted a similar proposal, saying protecting those who were completely clean was “unrealistic”.
C4 said the current law did not consider the possibility that “often the only ones who have access to information of improper conduct are those who are involved with the conduct themselves”.
Criminologist P Sundramoorthy of Universiti Sains Malaysia said the government would risk encouraging people to commit an offence and provide false information in order to obtain protection.
“I don’t think the public would be comfortable with this (sort of provision) and it would cause them to have a negative outlook of the country’s justice system,” Sundramoorthy said.
However, he admitted that such a provision could further strengthen the prosecution’s case.
Alif Jasni, a senior lecturer at Universiti Utara Malaysia, said whistleblowers involved in corruption could be “cooperating witnesses” given reduced sentences depending on the level of cooperation given and the reliability of the information.
He said a special body should be set up to assess the veracity of the information, so those who contribute in the successful prosecution of a high-profile or complicated case would be accorded certain privileges.
“Such an approach would reduce the ethical dilemma (in protecting whistleblowers involved in corruption) and, at the same time, ensure some form of accountability,” he said. - FMT

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