Don: Whistleblowers Act cannot be used to protect corrupt individuals

KUCHING (Nov 17): The Whistleblowers Protection Act 2010 must not be used to protect corrupt individuals, said Dr Muzaffar Syah Mallow.

The Universiti Sains Islam Malaysia’s Faculty of Syariah and Law associate professor said no law should be used by those involved in criminal activities to escape prosecution or punishment.

“Corruption is a serious crime and individuals found guilty of this crime must face the consequences,” he said in a statement issued yesterday in response to the recent scandal involving several lawmakers, alleged to have been accepting bribes.

Muzaffar Syah said an anonymous whistleblower, who claimed to possess evidence in the form of video clips and screenshots of text messages on the scandal, had sought protection from the Malaysian Anti-Corruption Commission (MACC) before revealing the items.

“This must be investigated according to the existing law in the country. If the evidence is found to be reliable, legal action must be taken against those involved in the crime.”

According to him, receiving graft, offering or giving graft, intending to deceive and using office or position for gratification are the main offences for corruption under the MACC Act 2009.

He added that offenders, upon conviction, would face a maximum imprisonment of 20 years and a minimum fine of RM10,000, or five times the value of the bribe, whichever is higher.

He said to facilitate the enforcement of the MACC Act, the Whistleblowers Protection Act was created to promote disclosure of information about any corruption or other misconduct.

Muzaffar said MACC must play an active role to deal with the matter to curb corruption and abuse of power in the country.

“MACC must constantly monitor the situation in the country and make sure all including leaders and politicians are not involved in corruption or abuse of power,” he said.

He asserted that action must be taken against those involved allegedly in corruption regardless of their rank and position.

“If we are serious about preventing and stopping corruption and abuse of power in the country, we all must play our role by reporting any suspicious activity to the MACC or the police along with tangible evidence,” he added.