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Malay Mail
20-06-2025
- Politics
- Malay Mail
What counts as whistleblowing in Malaysia? MACC explains who qualifies for legal protection
KUALA LUMPUR, June 20 — Individuals who report information about misconduct directly to enforcement agencies and meet the prescribed criteria and conditions will be granted protection as informants or whistleblowers. Malaysian Anti-Corruption Commission (MACC) Senior Director (Legal and Prosecution Division) Datuk Wan Shaharuddin Wan Ladin said this is an important aspect the public needs to understand, apart from not being able to disclose the information to the public. He said that although the Whistleblower Protection Act 2010 protects informants against improper retaliation, such protection is only applicable if reports are made through legal procedures to enforcement agencies such as the MACC, the Royal Malaysia Police (PDRM) or relevant government agencies. 'There's a misconception that anyone with information about misconduct can automatically seek protection as a whistleblower. In reality, it's not that simple. 'A common misunderstanding is the belief that informants can publicly disclose information, for example, to the media or on social media, before officially applying for protection. This is incorrect,' he told Bernama. He said that in order to qualify for whistleblower protection, a report must also be made in good faith and not be driven by personal motives such as revenge or defamation. Additionally, the whistleblower must not be involved in the offence being reported, he added. Citing Section 11(1) of the Whistleblower Protection Act 2010, he said, protection can be revoked if the whistleblower is found to have participated in the misconduct they exposed. 'This provision is crucial to maintaining the integrity of whistleblowers and to prevent the misuse of protected status as a shield against offences they have committed,' he said. Wan Shaharuddin said that while the law provides legal protection, whistleblowers still face various challenges, including being labelled as 'complainants' or 'traitors', fears of retaliation and discrimination, and a general lack of public understanding about the legal process for applying for protection. In efforts to encourage more individuals, especially civil servants, to report corruption cases, he said, the government has introduced cash incentives and official recognition for those who report corruption to the MACC since 2011. He shared that as of last year, 514 civil servants had received rewards totalling over RM1 million, with the highest individual reward amounting to RM100,000. In addition, Wan Shaharuddin said that to further enhance whistleblower protection, the government had tabled the Whistleblower Protection (Amendment) Bill 2025 in the Dewan Rakyat on March 6. 'The amendment aims to strengthen protection for whistleblowers who report misconduct, particularly in cases of corruption within both the public and private sectors. It is expected to provide more comprehensive protection to whistleblowers, including protection from harmful actions and immunity from civil or criminal action. 'This amendment is hoped to encourage more individuals to come forward to report misconduct without fear,' he said. — Bernama
Malay Mail
16-06-2025
- Politics
- Malay Mail
Muhyiddin wins High Court nod to transfer RM232.5m graft and RM200m money laundering case to High Court
KUALA LUMPUR, June 16 — The High Court today allowed Tan Sri Muhyiddin Yassin's application to transfer his seven charges of abuse of power and receiving funds from unlawful activities from the Sessions Court to the High Court. Justice Datuk Muhammad Jamil Hussin granted the application after hearing submissions from Muhyiddin's counsel, Datuk Hisyam Teh Poh Teik, and deputy public prosecutor (DPP) Datuk Wan Shaharuddin Wan Ladin. 'I have considered the arguments from both parties and find that the applicant has met the threshold under Section 417(1)(b) of the Criminal Procedure Code for the case to be transferred to the High Court. The three questions of law arising from the charges are of exceptional complexity. 'While I have full confidence in the Sessions Court judge's legal competence and ability to conduct the trial, it is more appropriate for the High Court to determine these legal issues,' the judge said. The court then fixed July 14 for case management. Earlier, Hisyam submitted that the application had satisfied the necessary threshold, and there were sufficient merits for the court to exercise its additional powers under Section 12 of the Schedule to the Courts of Judicature Act 1964. 'In the applicant's affidavit in support, (it is stated that) a number of critical questions of law of unusual difficulty are likely to arise in these criminal proceedings, and that for the ends of justice, the case should be transferred to and tried before the High Court,' he said. Hisyam said the first legal issue is whether the learned Sessions Court judge may invoke both statutory presumptions against the applicant, or is limited to relying solely on the presumption under Sections 23(2) and 50(1) of the Malaysian Anti-Corruption Commission (MACC) Act. 'The second issue is whether, in law, the monies allegedly received by Bersatu constitutes unacceptable gratifications or legitimate political donations, and the third legal issue is whether the word 'organisation' in the context of the MACC Act can be interpreted and construed to also include a political party like Bersatu,' he said. Meanwhile, Wan Shaharuddin submitted that the prosecution had no doubts regarding the competence and capability of the Sessions Court judge to adjudicate all legal issues raised, including those advanced by Muhyiddin in the present application. 'The Sessions Court judge has served on the bench for over 13 years and has nearly three decades of experience in public service. The fact that the applicant is a former Prime Minister does not, by itself, entitle him to choose the court in which his case should be heard,' he said, appearing with DPP Wan Nur Iman Wan Ahmad Afzal. Muhyiddin, 78, who was then prime minister and Bersatu president, was charged with four counts of abuse of power for allegedly soliciting RM232.5 million in bribes for the political party from Bukhary Equity Sdn Bhd, Nepturis Sdn Bhd, Mamfor Sdn Bhd, and Datuk Azman Yusoff in connection with the Jana Wibawa project. He was accused of committing the offence at the Prime Minister's Office, Bangunan Perdana Putra, Federal Government Administration Centre in Putrajaya between March 1, 2020, and August 20, 2021. The Pagoh member of parliament also faces three charges of receiving RM200 million in illegal proceeds from Bukhary Equity Sdn Bhd, which were deposited into Bersatu's Ambank and CIMB Bank accounts. The offence was allegedly committed at AmBank, Amcorp Mall branch, Petaling Jaya on January 7, 2022, and CIMB Bank, Menara KL Branch, Jalan Stesen Sentral, between February 25 and July 16, 2021, and February 8 and July 8, 2022. Meanwhile, speaking to reporters after the proceedings, Wan Shaharuddin said the prosecution will file an appeal against the decision by the High Court today. — Bernama
Malay Mail
14-05-2025
- Politics
- Malay Mail
Prosecution: Peter Anthony's review application premature as court sets next hearing over falsified UMS contract conviction
PUTRAJAYA, May 14 — The prosecution has objected to former Sabah infrastructure development minister Datuk Peter Anthony's application for a review of the Court of Appeal's earlier decision, which upheld his three-year jail sentence and RM50,000 fine for falsifying documents related to a maintenance and service contract at Universiti Malaysia Sabah (UMS). Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin informed a three-member Court of Appeal panel chaired by Justice Datuk Che Mohd Ruzima Ghazali that the prosecution had filed the preliminary objection on April 25, on the grounds that the applicant's (Peter's) application was premature. 'The parties have also been informed that the grounds of judgment are currently being prepared, and the prosecution is not preventing the applicant from filing the review,' said Wan Shaharuddin. Also presiding over Tuesday's proceedings were Justices Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli. Earlier, Peter's lawyer Datuk Rosal Azimin Ahmad said they had applied for the full written grounds of judgment, which had yet to be completed. 'Our side (the applicant) had requested the court recording transcription (CRT), but we did not receive it and only have the notes of proceedings,' he said, adding that they were requesting the review to proceed based on the brief grounds of judgment given by the Court of Appeal previously. The counsel also said they had filed a certificate of urgency as the case involved public interest, with Peter's status in the Sabah State Legislative Assembly still unresolved. The court then fixed May 16 for an e-Review mention (via Zoom) to set the hearing date for Peter's review application and the prosecution's preliminary objection. On March 14, Peter filed a notice of motion seeking the Court of Appeal to review and set aside the conviction and sentence it imposed on March 4 under Section 468 of the Penal Code. Peter is also seeking the cancellation of the prison warrant dated March 4 issued to Kajang Prison, as well as any consequential orders necessary to ensure justice is served. On March 4, the Court of Appeal ordered Peter to serve a three-year jail sentence after dismissing his final appeal against the conviction and sentence handed down by the Kuala Lumpur Sessions Court in May 2022. Peter had earlier filed an appeal on April 19, 2023, to overturn the conviction and sentence, but this was rejected by the Kuala Lumpur High Court on April 18, 2023, which upheld the Sessions Court's decision. He has already paid the RM50,000 fine imposed. According to the charge, Peter, as managing director of Asli Jati Sdn Bhd, was accused of falsifying a letter from the Office of the Deputy Vice-Chancellor of UMS dated June 9, 2014, by inserting false statements with the intent to deceive. The offence was allegedly committed at the Office of the Principal Private Secretary to the Prime Minister, Perdana Putra Building, Putrajaya, between June 13 and Aug 21, 2014, which carries a maximum jail term of seven years and a fine upon conviction under Section 468 of the Penal Code. — Bernama
