*Press Statement*
*Datuk Seri S. Vell Paari*
*Treasurer - General*
*Malaysia Indian Congress (MIC)*
*Transparency International – Malaysia president ignorant, Rafizi Ramli is not a whistle-blower*
1. I refer to a recent statement issued by Transparency International (TI) Malaysia president Datuk Akhbar Satar who said that the recent conviction of lawmaker Rafizi Ramli for whistle-blowing is among the reasons that affected Malaysia's global anti-corruption scores. I find this statement wrong, irresponsible and in a way questioning the integrity of our judiciary system. [1]
2. First of all, in general Rafizi Ramli is not a whistle-blower. To say otherwise shows that even the President of Transparency International – Malaysia is ignorant of the Whistleblower Protection Act 2010 [2]. If we look at the act, it clearly says that *_Disclosure of the/any confidential information will be liable to a fine not exceeding RM 50,000 or to imprisonment for a term not exceeding ten years or both_*.
3. Secondly, It has to also be noted that whistle-blowers are only protected if they tip off enforcement agencies such as the police, Malaysian Anti-Corruption Commission, Bank Negara and the Securities Commission. Whistle blowing to anyone else including the media or even an elected representative will negate any protection provided by the Act.
4. The above clearly shows that Rafizi Ramli himself had violated provisions in the Whistleblower Protection Act 2010 which resulted him being disqualified as a whistle-blower. Now, about Rafizi's recent sentencing under BAFIA. What Rafizi Ramli did was he used illegally obtained and secret bank statements of NFC Corp and made the very public accusation that NFC corp had misappropriated a RM250mil soft loan to buy luxury condominiums instead of breeding cattle.
5. Essentially, Rafizi had broken Section 97(1) of Bafia, punishable under Section 103(1)(a) of the same Act by exposing private bank statements of NFC to the the media and make an allegation that was later proven by the court to be false. Due to this he was found guilty and not protected as a whistleblower. Simple.
6. Therefore to conclude that Rafizi Ramli is a whistle-blower and the government does not protect whistle-blowers are grossly wrong and done in bad faith to tarnish the reputation of the Malaysia government. Of all people, the President of Transparency International Malaysia shall know this better.
7. Thirdly, Datuk Akhbar Satar also says that another reason for the drop in our Corruption Perception Index (CPI) is because of the absence of political financing law. Again I would like to remind Datuk Akhbar Satar that it was the opposition parties that opposed the political financing law and not the Barisan Nasional (BN) led federal government [3].
8. On issues such as 1MDB and FELDA also impacting our CPI rating, Datuk Akhbar Satar shall also note that 1MDB is the most investigated company in Malaysia. [4]. It has been audited numerous times, even had gone through a Public Accounts Committee (PAC) investigation and also investigated by the enforcement agencies. In the end, it was proven that there was no laws broken and until today no one has been charged in court.
9. In summary, I would like to advice Datuk Akhbar Satar to be sincere and honest in his assessment of this issue. Transparency International Malaysia shall not act as an advocate of the opposition party in trying to tarnish the image of this country.
Thank You.
Source:
1. http://www.thesundaily.my/news/2018/02/22/rafizis-arrest-among-reasons-msias-drop-cpi-ranking-ti-m
2. http://www.sprm.gov.my/index.php/en/prevention/prevention-strategy/197-perundangan-anti-rasuah/1061-whistleblower-protection-act-2010-act-711
3. http://www.freemalaysiatoday.com/category/nation/2017/12/15/malaysia-not-
4. http://www.bbc.com/news/business-34409455
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