KAJANG: Whistleblowers who are involved in the crimes they are trying to expose are not eligible for protection under the law, says the country's top graft buster.
Malaysian Anti-Corruption Commission Chief Commissioner, Tan Sri Azam Baki said this was stipulated under Section 11 (1) of the Whistleblower Protection Act.
"The law states that enforcement agencies can stop protecting a whistleblower if it was found that they were complicit in the crime they want to expose," he said in a speech at a shooting competition with the media here.
Azam said many did not fully understand the law and assumed that anyone with information on corruption was entitled to protection.
This comes amid calls from various parties for MACC to protect a whistleblower who implicated several Sabah assemblymen in exposing alleged corruption in the state.
The whistleblower made the claims against the assemblymen through the media. Azam previously urged the whistleblower to lodge a report with the agency in line with its procedures.
Azam today said whistleblower protection was guided by laws and procedures to prevent abuse.
"A person cannot reveal the information to the public and then seek protection.
"This is because the person may have exposed themselves and unverified information."
He said it was unreasonable to expect enforcement agencies to guarantee protection when a report has not been lodged with the authorities.
"To apply for protection as a whistleblower, a person needs to report the crimes directly to an enforcement agency.
"Once the conditions (of the Whistleblower Protection Act) have been fulfilled, MACC will give our guarantee and commitment to protect the whistleblower."
Azam said this included keeping secret the whistleblower's identity and information, including during trial should the case go to court.
The whistleblower along with their relatives will also be free from any civil, criminal or disciplinary action as a result of their whistleblowing.
"It must also be remembered that failure to report bribery is an offence under Section 25 of the MACC Act punishable with a fine of up to RM100,000 or a maximum jail sentence of 10 years or both (upon conviction)."
A failure to report the soliciting of a bribe is also punishable by imprisonment and a fine, he said.