MACC says Whistleblower Act does not excuse criminal actions
PUTRAJAYA: Businessman Albert Tei is not protected under the Whistleblower Protection Act as it does not shield individuals who themselves are implicated in criminal conduct, says Tan Sri Azam Baki.
The Malaysian Anti-Corruption Commission (MACC) chief commissioner said a person cannot make public information on alleged criminal activities and then apply for protection.
“If someone is involved in a crime, for example, facilitating a murder, he cannot claim whistleblower protection simply by going to police and asking for immunity.
“In this case, he is not a whistleblower and therefore not protected under the Act,” he said, once again dismissing Tei’s claim that he is protected as a whistleblower.
Azam said protection could only be awarded after a formal, confidential report is made to an enforcement agency, such as the MACC.
To a question, Azam said the amount of money the MACC managed to freeze or secure as exhibits in the case is relatively small.
“If I recall correctly, the total is slightly over RM600,000, and what we managed to freeze is around RM200,000,” he said.
Azam also said the MACC had gathered multiple forms of recordings, including recorded video captures and body-worn camera footage, to refute allegations of misconduct during its raid on Tei’s home last week.
“We have CCTV footage from the house, and all of it have been handed to the police,” he said.
Azam said the recordings will rebut allegations made, including officers pointing a weapon at the businessman’s head and claims that the MACC had confiscated valuables belonging to Tei without his knowledge, as claimed by his wife.
The list of seized items had been handed to Tei on the day of his arrest, and the document was personally signed by him, he added.
Several items, including mobile phones, an iPad and a digital video recorder were seized as evidence relevant to the ongoing investigation.
Meanwhile, the anti-graft body has been given the go ahead to prosecute the Prime Minister’s former senior political secretary and Tei today, and both will face five charges each.
Datuk Seri Shamsul Iskandar Mohd Akin will be charged for allegedly accepting bribes while the businessman will face charges for allegedly giving bribes.
Azam said four of the charges will be brought before the Kuala Lumpur Sessions Court today, while one will be at the Shah Alam Sessions Court on Friday.
“Another individual, Sofia Rini Buyong, has been made the prosecution witness,” he said.
“I commend my officers for their hard work in being able to complete the investigation within a week. This is a case of public interest and has received extensive coverage,” he added.
Shamsul Iskandar and Tei were detained on Nov 28 while Sofia Rini was arrested on Nov 27 to assist investigation into claims that Tei had paid bribes to recover funds said to have been distributed to several Sabah assemblymen.
