GEORGE TOWN – The chairman of DAP’s legal bureau, Ramkarpal Singh Deo, has warned that any attempt to prosecute or intimidate a whistleblower runs counter to the Whistleblower Protection Act 2010.
The Bukit Gelugor MP said that such an action, whether by means of a civil suit or criminal prosecution, would make a mockery of the purport and intent of the legislation.
He said that the Whistleblower Protection Act 2010 was introduced for an obvious reason – to protect those who have valid reasons to report the wrongdoings of another, specifically those involved in corrupt practices.
Ramkarpal was referring to legal action initiated against Lalitha Kunaratnam by Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki earlier this week.
Azam’s lawyer had issued a letter of demand to Lalitha, an independent researcher and journalist who exposed his shareholdings through publicly available documents.
“Azam will, no doubt, claim that Lalitha is not entitled to protection under the act as she did not report her grievance to the relevant enforcement agency, but how can she lodge a report against the same agency he heads?” Ramkarpal said in a statement.
“I believe such an argument is flawed as it overlooks the spirit of protecting whistleblowers as they whistleblow in the public interest.”
According to Ramkarpal, when she aired her complaint publicly against Azam, Lalitha had good reason to have done so and that belief was rightly shared by most right-thinking Malaysians as Azam did not address her complaints immediately.
“If a civil action is commenced against Lalitha by Azam, I am of the view that she would have a compelling argument that she ought to be protected under the act as a defence,” he said.
Although Lalitha might not have reported her grievance to an enforcement agency as defined by the act, Ramkarpal is of the view that she should be afforded protection as her complaint is valid and worthy of being investigated.
He pointed out that the act does stipulate circumstances in which one may claim protection.
Under Section 7 of the act, a whistleblower shall be conferred with protection, covering confidential information and immunity from civil and criminal action, as well as protection against detrimental action, extended to any person related to or associated with the whistleblower, he noted. – The Vibes, January 8, 2022
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