Whistleblowers must report to MACC first for protection, says Azalina

KUALA LUMPUR: Anyone wishing to be protected under the Whistleblower Protection Act 2010 must first report to the relevant agency, said law and institutional reform minister Azalina Othman Said.

Azalina said the correct procedure must be followed to be afforded protection under the Act.

“I feel we have to see this from two aspects. If someone does something wrong, then what Prime Minister Anwar Ibrahim stated is correct,” she said, referring to Anwar’s remarks that persons involved in corruption cannot expect protection under the Act.

“When we talk about the Whistleblower Protection Act, if anyone feels there is wrongdoing, they should report it to the agency first.

“In this particular case (concerning the Sabah assemblymen), the relevant agency would be the Malaysian Anti-Corruption Commission.

“We cannot be in a situation where we have information but don’t report it to the agency. The agency is the one that decides who qualifies for protection.”

Azalina was speaking to reporters on the sidelines of the Kuala Lumpur Forum on International Arbitration 2024 today.

Yesterday, Anwar said whistleblowers cannot expect protection if they are involved in cases of corruption, particularly so in the case involving the eight assemblymen.

He said MACC needs to be given room to investigate and that the government’s policy is clear: protection is only afforded to those who are clean and not involved in elements of corruption.

Last Friday, a senior MACC official reportedly met with a lawyer who played him a 17-second audio recording, in which several people were heard discussing matters involving money.

According to MACC chief commissioner Azam Baki, the lawyer said his client was ready to provide evidence, but wanted MACC to sign an agreement stating that the client would not be investigated.

Azam said MACC cannot give a written guarantee of immunity without detailed information of the wrongdoing in question.

He said the witness was urged to make an official report, allowing him to be protected under the Act.

Separately, Azalina dismissed claims by Paul Cohen, the lead lawyer for the so-called heirs to the defunct Sulu sultanate, that Malaysia’s victory in the French Supreme Court would allow his clients to lease Sabah to other countries.

“What can I do if he thinks like that? We are a free and independent country, Sabah is part of Malaysia. We have a global commission and there has already been a referendum,” he said.

She acknowledged that Cohen, as a lawyer, had the right to present his case but reiterated that the government would strongly contest any such claims.