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Showing posts with label whistleblowers. Show all posts
Showing posts with label whistleblowers. Show all posts

Thursday, 14 September 2017

RM40mil siphoned off from the Malaysian Human Resources, Skills Development Fund Corp !


PETALING JAYA: Some RM40mil from the Skills Development Fund Corp is believed to have been siphoned off by those tasked with utilising it for the benefit of the people, sources revealed.

Anti-graft officers detained the cor­­­poration’s 58-year-old chief execu­­tive, who is a Datuk, over the alleged misappropriation of funds.

Others detained included the corporation’s 34-year-old secretary, a 32-year-old assistant financial officer and a 38-year-old director of a company who goes by the honorific “Dr” title.

All of them were picked up in seve­ral places in Kuala Lumpur between 4.30pm and 6pm yesterday.

One of the suspects is said to be an office-bearer with a state Umno division.

Malaysian Anti-Corruption Com­mission deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrests.

Sources said the suspects were said to have collaborated with the company director to siphon the allocation provided by the Government.

The corporation is a statutory body under the Human Resources Mi­nistry. It is responsible for provi­ding financial assistance in the form of loans to individuals, such as school­-­leavers, graduates and others who are interested in pursuing Ma­­laysian Skills Certification, Malaysian Skills Diploma and Malaysian Ad­­van­ced Skills Diploma at public or private skills training institutions.

It is learnt that the misappropriation of funds has been going on since last year.

In 2016, the Government allocated RM35mil to the corporation and another RM40mil this year to carry out training programmes.

“Initial investigations showed RM15mil was believed to have been siphoned off last year. Another RM25mil is believed to have been misappropriated this year,” said a source.

It is learnt that three of the suspects had also collaborated with the company director to allow 15 of his registered companies to manage the training programmes.

But none of his companies was said to have been equipped with the expertise to conduct such training.

Azam said the MACC would be calling up several witnesses “very soon and that more arrests could be expected”.

“We will carry out a thorough probe as it involves public funds. Our officers will also be sei­zing relevant documents related to the case,” he said.

Source: By Simon Khoo The Star

'Reward them to curb graft' - It is not wrong to give cash to whistleblowers, says MACC chief




KUALA LUMPUR: Rewarding civil servants with cash for exposing corruption is not wrong but it should not be the sole focus, says Tan Sri Dzulkifli Ahmad.

The Malaysian Anti-Corruption Com­mis­sion (MACC) chief commissioner pointed out that offering cash incentives to whistleblowers was just one of the many initiatives in tackling corruption.

“There are many more activities and campaigns done by us which should be taken into account. Is it wrong for us to reward those who refuse to accept a bribe? We are showing our appreciation to those who choose to remain clean, and we look up to these people,” he said after launching the MACC’s anti-corruption posters and painted messages on three Mara Liner buses at Terminal Bersepadu Selatan yesterday.

Civil servants who report cases of corruption are entitled to receive an incentive equal to the amount offered in the bribes, with the lowest sum set at RM500.

However, of the 1.6 million civil servants, only 0.01% have reported cases so far.

In acknowledging this, Dzulkifli said it should not be equated to many civil servants on the take or that they were not serious about eradicating corruption.

“As a matter of fact, we do have a number of them coming directly to provide information but they do not want to lodge an official report.

“Some refuse the bribes offered to them but choose to just tip us off without eyeing a reward,” he said.

On another matter, Dzulkifli opined that “sharks” were now fearful of the MACC due to the “aggressive action” against offenders.

“Clearly, we managed to instil a sense of fear. Many people I meet say they can see fewer giving or taking bribes.

“We see this as a positive sign. We will continue with new arrests, probes and charges every week,” he said.

Later in Putrajaya, Dzulkifli said they would wage a war against illegal gambling den operators and put a stop to their illegal business.

He said the time had come for the issue to be looked into seriously and aggressively, including licensed outlets and cybercafes which al­­lowed online gambling in their premises.

“The issue of gambling dens operating illegally is not new. In fact, even the Deputy Prime Minis­ter has spoken about it. But we don’t see the number of these outlets decreasing.

“I think it is about time we take aggressive action against the operators and those who protect them,” he said after a dialogue with NGO Fight Against Illegal Activities Movement or GBAH.- The Star


Related Links:


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https://youtu.be/PISCs8pfJVA
 

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Wednesday, 9 August 2017

Reporting an offence is not defamation

Whistleblowers cannot be sued for libel or slander, rules Federal Court



PUTRAJAYA: A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.

The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.

The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.

Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.

“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.

The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.

Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.

Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.

Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.

The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.

“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.

On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.

But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.

The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.

Source: The Star by Nurbaiti Hamdan

Related Link:


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Wednesday, 19 July 2017

Making the corrupt fear whistleblowers, not the other way !

WE ARE so used to seeing the Malaysian Anti-Corruption Commission (MACC) on the frontlines in the war against corruption that we often forget the importance of whistleblowers. 


Graft-busters cannot be expected to single- handedly detect cases of corruption and abuse of  power because this requires surveillance capabilities that are impossibly expensive and intrusive. Instead, they typically rely on people channelling quality information on alleged offences so that the investigations can start.

Federal Land Development Authority chairman Tan Sri Shahrir Abdul Samad reminded us about this when he warned Felda employees, including its top management, that there were whistleblowers within the organisation who would report wrongdoing. - (Check: Shahrir backs Felda staff who expose wrongdoings)

Commenting on the MACC’s raid on Monday on Felda Investment Corporation Sdn Bhd over the purchase of a London hotel, Shahrir welcomed the probe as a “good development” and said he believed that the new leads received by the commission came from whistleblowers.

“I want to assure those who expose the corrupt practices within Felda that they will be protected,” Shahrir added.

That is an important message. People are reluctant to volunteer information on corrupt practices mainly because they believe there would be reprisals if it was made known to others that they had blown the whistle.

Employees worry about being treated poorly by bosses and colleagues. Businessmen risk losing customers and deals. And sometimes, the stakes are so high that a whistleblower may even have reason to fear for his life.

People need to be convinced that there is a better alternative to saying nothing about corrupt practices. First and foremost, a whistleblower wants to be sure that if he so chooses, his identity will be kept confidential.

This is why the Whistleblower Protection Act 2010 matters a lot.

It is described as an Act “to combat corruption and other wrong­doings”, showing that it has a central role in the fight against corruption. And yet, according to the MACC, few people have asked for protection under the Act.

In 2015, the commission received about 6,300 reports and complaints, but only 16 people sought (and were given) protection under the Act. In fact, between 2011 and 2015, 65 people were given such protection.

In its Annual Report 2015, the MACC said more individuals were writing in to give information on corrupt practices. In addition, the commission received fewer anonymous letters in 2015 than in the year before. The MACC said this showed rising public confidence in supplying information to the commission.

The commission also attributed the trend to its improved transparency in handling information from complainants.

But what about the low number of whistleblowers seeking protection under the Whistleblower Protection Act? Can it be that few people are aware that the Act can shield them from the fallout of whistleblowing?

The authorities should look into this. There has to be more awareness of how the Act works and this should then be used to encourage more people to come forward with information that can help the graft-busters.

The corrupt should be the ones fearing the whistleblowers and not the other way round.  - The Star


 Related Links:


Why FGV should handle whistle blowers with care - Business News

 

Two held over FIC London hotel purchase - Nation | The Star Online


Related posts:

The Malaysian Anti-Corruption Commission (MACC) needs strong finishing 

 

Mereka Rasuah Kita Bayar! 3J drive: Jangan Kawtim, Jangan Hulur, Jangan Settle!

 

MACC starts probe on Felda Global Ventures Holdings Bhd (FGV) 

 

Time to take fight against graft to the top, say group 

 

More big corrupt officials nabbed: Datuk among those busted for graft & mismanagement

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