Rafizi nabbed under OSA over claims against LTAT

Source: The Star Online

KUALA LUMPUR: PKR vice-president Rafizi Ramli has been arrested under the Official Secret Act (OSA) to facilitate investigations over claims he made against Armed Forces Fund Board (LTAT).

The Pandan member of Parliament was arrested in front of the Parliament gate here at about 6.20pm yesterday as he was leaving the Parliament House, and taken to the federal police headquarters in Bukit Aman.

Inspector-General of Police Tan Sri Khalid Abu Bakar tweeted that Rafizi was arrested under the OSA, but did not provide further details.

“@PDRMsia (the Royal Malaysia Police) confirms YB Rafizi Ramli was arrested a short while ago, outside Parliament House and will be investigated under Section 8 of the Official Secrets Act (OSA) 1972,” he tweeted yesterday. Read more

Rafizi nabbed over OSA leak while leaving Parliament

Source: The Malay Mail Online

OSA-222x300KUALA LUMPUR, April 5 — PKR’s Rafizi Ramli was arrested outside the Parliament compound as he was exiting today, for the alleged wrongful communication of classified documents.

Inspector-General of Police Tan Sri Khalid Abu Bakar confirmed shortly after the arrest that Rafizi was being detained for investigation under Section 8 of the Official Secrets Act 1972.

Rafizi previously disclosed what he claimed to be an excerpt from the Auditor-General’s report on 1Malaysia Development Bhd (1MDB), which is classified under the OSA.

“Yes, (for the incident) outside Parliament House,” Khalid told Malay Mail Online when asked if Rafizi was arrested over his alleged use of the AG’s report. Read more

Blow lid on whistleblower — Jahaberdeen Mohamed Yunoos

Source: The Malay Mail Online

BY JAHABERDEEN MOHAMED YUNOOS

MARCH 28 — In the midst of confusion surrounding the business of 1Malaysia Development Berhad (1MDB), there appears to be bemusement among some sectors of the public on what a “whistleblower” is in law.

A whistleblower, in law, is not someone who whistles loudly any tune or music he wants in public with the purported motive of disclosing a wrongdoing by some government department. If that was the legal position, then any number of government agencies can be vilified and undermined in public on the pretext of whistleblowing — as in the case of trial by media.

Likewise, writing a blog article for example, based on so-called inside information, to disclose a purported wrong by say, a minister or a ministry, also does not qualify as whistleblowing in law.

Contrary to his expectations, the blog writer could end up committing various crimes and may even face potential civil liability if his accusations of wrongdoings are levelled at individuals.

For this reason and reasons that follow herein, I am surprised why quite a few refer to the Sarawak Report as a “whistleblowing site” because, at best, what are reported are allegations which are not proven in accordance with the law. Read more

Peguam Negara beri jaminan pindaan OSA tidak sekat wartawan

Sumber: The Malaysian Outsider

Peguam Negara Tan Sri Mohamed Apandi Ali memberi jaminan hari ini pindaan Akta Rahsia Rasmi (OSA) 1972 tidak akan digunakan untuk menyekat wartawan daripada menyampaikan berita kepada orang ramai.

Apandi menegaskan wartawan tidak akan disekat daripada membuat sebarang laporan tetapi mesti berasaskan fakta yang sahih dan mengikut etika kewartawanan.

“Saya juga ingin menjelaskan, tidak menyekat kebebasan wartawan menulis laporan mengikut fakta yang sahih serta etika kewartawanan.

“Sehubungan itu, semua wartawan tidak perlu bimbang mengenai cadangan pindaan ini kerana ia tidak menjejaskan profesion wartawan dalam menyampaikan maklumat kepada kerajaan dan rakyat,” katanya.

Beliau dipetik berkata demikian dalam satu kenyataan dikeluarkan Exco Kesatuan Wartawan Kebangsaan Malaysia (NUJM) hari ini. Read more

Cops probe into NOW for ‘unlawfully obtaining’ Yapeim documents

Source: The Malaysian Insider

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File pic

Police have started their investigations on whistleblower group National Oversight and Whistleblowers (NOW) for “unlawfully obtaining” documents related to Malaysian Islamic Economic Development Foundation (Yapeim), Inspector-General of Police Tan Sri Khalid Abu Bakar said today.

This came after a police report lodged by the Yapeim chief executive officer Datuk Abibullah Samsudin at the Dang Wangi police headquarters on Wednesday.

“Yes, we have started investigation. As for the misuse or abuse of power case, it is being handled by Malaysia Anti-Corruption Commission (MACC),” said Khalid.

He said so far, no arrest has been made as the investigation is still at the preliminary stage. Read more

The unprotected whistleblower protection law — Muslim Youth Movement Malaysia

Source: The Malay Mail Online

Whistleblowers-Act-2010JULY 30 — Over the past few months, the 1Malaysia Development Berhad (1MDB) issue has received a great amount of attention from the different backgrounds in Malaysian society.

The entire saga of 1MDB was heading towards the end with the culprit almost identified after the former Premier Tun Dr Mahathir Mohamad and several opposition leaders including Non-Governmental Organisations relentlessly criticised the Malaysian government over the operation of the debt-ridden company.

The greater highlights by online media in Malaysia and beyond has put the company and the government in a defenceless state.

However, the story now seems to be prolonged when the issue has been dragged to another episode to bring the show towards a different ending. Instead of having the case probed into transparently by the authorities, they are now more interested to identify and criminalize the whistle blowers. As far as the matter is concerned, the authorities claimed the action is for the sake of upholding Official Secrets Act 1972 -Act 88 (OSA 1972).

The explicit example of statement from the Inspector General of Police Tan Sri Khalid Abu Bakar that “police will investigate the leak of confidential documents pertaining to Lembaga Tabung Haji’s purchase of land from 1Malaysia Development Berhand (1MDB) under the Official Secrets Act (OSA)” had spoken for itself. Read more

Pemberi maklumat wajar dilindungi – Syahredzan Johan

Sumber: Sinar Harian

OLEH SYAHREDZAN JOHAN

Syahredzan Johan — Picture by Yusof Mat Isa

Syahredzan Johan — Picture by Yusof Mat Isa

WUJUD suatu persepsi dalam kalangan umum bahawa pihak berkuasa lebih berminat mencari mereka yang mendedahkan kesalahan yang berlaku, dan bukannya mereka yang benar-benar melakukan kesalahan. Dalam erti kata lain, pihak berkuasa ‘menembak’ si pemberi maklumat, atau dalam bahasa Inggeris, ‘whistleblowers’, dan bukannya si pesalah.

Tidak dinafikan bahawa kadangkala, pendedahan maklumat oleh pemberi maklumat juga salah di sisi undang-undang. Undang-undang kita penuh dengan peruntukan yang menjadikan ia suatu kesalahan bagi seseorang individu yang mendedahkan maklumat yang mereka miliki. Contohnya, Akta Rahsia Rasmi atau OSA, menjenayahkan pendedahan maklumat yang diklasifikasikan sebagai ‘rahsia rasmi’ oleh orang yang tidak diberi kuasa. Kanun Keseksaan pula menjadikan ia suatu jenayah sekiranya seseorang yang berkhidmat sebagai penjawat awam mendedahkan maklumat tanpa kebenaran. Read more

Do not ‘shoot’ the whistleblower – Syahredzan Johan

Source: The Star Online

BY SYAHREDZAN JOHAN

Syahredzan Johan - file pic

Syahredzan Johan – file pic

There is perception, not unwarranted, that the authorities are more interested in going after those who expose wrongdoings, rather than those who actually committed the offence. In other words, the authorities are more likely to take action against whistleblowers, rather than wrongdoers.

Recently, someone cheekily tweeted a scenario where a person makes a report to a police officer about money stolen from a mosque. When asked what proof he had, the CCTV footage of the perpetrator was shown. The officer’s response was to investigate how the CCTV was obtained, ignoring the actual crime.

It is true that sometimes the disclosure of information by the whistleblower is crime. We have a whole host of laws that make it an offence for individuals to reveal information that they possess. The Official Secrets Act (OSA), for example, criminalises disclosure of information that is classified as an “official secret” by unauthorised persons.

Meanwhile, the Penal Code criminalises the unauthorised disclosure of information by those who obtain that information through their work as a public servant. For information relating to bank accounts, there are also laws, which makes it a crime for someone to give such information to others. Read more

Move to amend Whistleblower Act

Source: The Star Online

THE Government wants to amend the Whistleblower Protection Act 2010 to improve the integrity of enforcement officers, especially those stationed at the country’s borders.

Deputy Home Minister Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the Prime Minister’s Department had received feedback on measures to improve the Act. Read more

Zahid: Ministry on the look out for Special Branch leak

Source: The Malay Mail Online

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Shoot the whistle-blower?

PUTRAJAYA, June 4 — Datuk Seri Dr Ahmad Zahid Hamidi today said that the Home Ministry is investigating the source of a report claiming that 80 per cent of Malaysian border officials are corrupt.

He said the leak should not have happened as not even the police have been able to confirm the percentage of corrupt officials manning the country’s borders.

“We are tracing the person who had confirmed the report. Although I know the reporter who had gotten the information, this shouldn’t happen because even PDRM couldn’t confirm the percentage,” Zahid told reporters today after his ministry’s monthly gathering here.

Yesterday, local daily the New Straits Times cited the police’s Special Branch as claiming that 80 per cent of Malaysian law enforcement officers at the country’s borders were engaged in corruption, with some purportedly also on the smuggling syndicates’ payroll instead of merely taking bribes. Read more