Individual in Sabah mineral licence case not protected under whistleblower act
KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has confirmed that the individual set to be charged alongside two Sabah assemblymen in connection with a corruption case involving mineral mining licences is not protected under the Whistleblower Protection Act 2010.
Its Legal and Prosecution senior director, Datuk Wan Shaharuddin Wan Ladin, said Section 11(1) of the Act clearly states that anyone involved in the offence they report is not eligible for protection.
'If a person is involved in the wrongdoing, they are not protected under the Act and therefore cannot be considered a whistleblower,' he told Bernama today.
He said to qualify for protection, a report must be made in good faith to a recognised enforcement agency such as the MACC, the Royal Malaysia Police (PDRM), or other authorised government bodies.
'Reports made with malicious intent, such as to seek revenge or defame others, do not meet the criteria for protection,' he added.
Wan Shaharuddin also stressed that a key requirement under Section 11(1) is that the whistleblower must not be complicit in the wrongdoing being reported. If found otherwise, any protection granted may be revoked.
'This is to preserve the integrity of the whistleblower framework and prevent it from being misused as a 'shield' by those trying to escape accountability,' he said.
Earlier, the individual's lawyer claimed his client was a whistleblower who had cooperated with authorities, but was later informed he would be charged in court on June 30.
Recently, several video clips allegedly featuring conversations involving certain individuals and Sabah elected representatives discussing corrupt practices linked to mineral mining activities went viral on social media.
Previously, MACC chief commissioner Tan Sri Azam Baki confirmed that two Sabah assemblymen and another individual are expected to be charged in court this month in connection with the scandal.
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