Man charged under Whistleblower Act freed

KUALA LUMPUR: A former Education Malaysia Global Services (EMGS) deputy director, who was the first person to be charged under the Whistleblower Protection Act 2010, has been acquitted by the Sessions Court here over allegations of inciting a whistleblower to be sacked.

Wafiy Abd Aziz, 37, was given a discharge and acquittal after Sessions Court judge Suzana Hussin ruled that the prosecution had failed to prove a prima facie case against the accused.

“After hearing the testimonies from prosecution witnesses and submissions from the defence and prosecution, the court finds the prosecution has failed to prove its case.

“The accused is therefore discharged and acquitted, and the RM15,000 bail is returned. The trial dates that had been fixed before are now vacated,” she said yesterday.

Wafiy was the first person to be charged under the Act after it came into effect in 2010.

According to the charge sheet, Wafiy allegedly incited then EMGS chairman Datuk Abdul Rahman Mohamed Shariff to sign a termination of employment document against the whistleblower as retaliation for exposing the accused’s improper misconduct to the Malaysian Anti-Corruption Commission (MACC) on Jan 9, 2020.

As a result, the whistleblower lost his job.

The offence was allegedly committed at the EMGS office in Jalan Mayang Sari.

Under Section 10(3)(b) of the Act, the offence carries a maximum RM100,000 fine or 15 years in jail or both, if convicted. He was given bail of RM15,000.

After the proceedings, Wafiy, who was represented by lawyer Datuk Dr Baljit Singh Sidhu, hugged his wife in the public gallery.

Deputy public prosecutor Mohd Afif Ali from the MACC appeared for the prosecution.

The trial began on April 27, 2021, with 17 prosecution witnesses taking the stand.

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