The essay below was sent to me by the source who was really tighten to the parties which authored Malaysia's Whistleblower Protection Act 2010. The sender has requested anonymity ...
The Rafizi Ramli expos of the National Feedlot Centre (NFCorp) Scandal: The Whistleblower Protection Act 2010 [Act 711] Point of View
Background
The National Feedlot Centre(NFCorp)is afirm which runs the Federal Governments cattle tillage project, which was awarded to the organisation in 2006
Linked toformer Minister Datuk Seri Shahrizat Jalils family.
Probe in to monetary mismanagement of NFCorp beganlate final year, as the outcome of the Auditor-Generals 2010 inform which NFCorp usually achieved 41% of its aim of 8000 cattle in 2010.
Since the liaison pennyless in Oct 2010, PKR has been demanding Datuk Seri Shahrizat for explanation upon the alleged monetary mismanagement as well as corruption, in addition to phenomenon offer allegations of monetary misappropriation by NFCorp.
The Charge
Mr. Rafizi Ramli, the plan executive of PKR, who also happens to be the Petaling Jaya Utara MPwas charged underneath subsection 97(1) of BAFIA for disclosing four customer form papers pertaining to the change summary of NFCorp, National Meat as well as Livestock Sdn. Bhd., Agroscience Industries Sdn. Bhd. as well as Datuk Seri Mohamad Salleh Ismail (Datuk Seri Shahrizats husband) totwo individuals, namely
o
A media expert named Yusuf Abdul Alim; and
o
A publisher declared Erle Martin Carvalho,
At the PKR domicile in Merchant Square, Jalan Tropicana Selatan 1 upon 7 Mar 2011.
Conviction will outcome in the fineup to RM3milliom as well as prison up to 3 years.
A self-assurance will also seriously jeapordize Mr. Rafizis chance of standing as the candidate in the subsequent ubiquitous electionsand defending his seat.
Mr. Rafizis arrest as well as subsequent chargeis being touted by certain buliding as victimization of the whistleblower as well as would usually offer to deter future whistleblowers, as well as would understanding the serious blow to the publics perception upon the governments earnest in combating corruption.
Mr. Rafizisplightfrom Act 711s point of view
Careful reading of Act 711 obviously shows which Mr. Rafizi does not fall within the ambit of the whistleblower envisaged by the Act, for multiform reasons
o
The avowal was not made to any enforcement agency breach of territory 6of WBPA
o
The report disclosed was made public breach of territory 8of WBPA
o
His identity is well known to all as well as sundry breach of territory 8 of WBPA
o
He had suggested report which is prohibited byBAFIA from being made open subsection 97(1) of BAFIA as well as territory 6 of WBPA . Even underneath territory 8 of the WBPA the avowal of crude control cannot be disclosed or systematic to be disclosed in any justice of law
Looking during the players concerned in this drama it is transparent which the actions of Mr. Rafizi as well as the people coming to his counterclaim have been clearexamples of manipulation of the letters of the law to fit ones domestic agenda.
The Opposition willnever stop politicking every move of the Government, even to the border of manipulating the tenets of the law as well as supplies of legislations to fit their agenda.
Their lax understand of the term whistleblower is obviously used as the tool to conflict as well as gibe the bid as well as good goal of the Government in introducing Act 711 in the first place.
The reasons the whistleblower should remain anonymous have been
o
1. Protection of the report contained in the disclosure
o
2. For his protection as well as safety, as well as the reserve of the persons related to him;
o
3. Protection of the chairman indicted of the wrongdoing, should review reveal him to be innocent after all; and
o
4. Protection of any chairman declared in the report disclosed, who may be spoiled if the report is made public.
Mr. Rafizis control is the pristine case of character gangland slaying as he would stoop to despicable equates to to obtain report in order to taint the reputation as well as good name of certain individualsorhis domestic rivals.
The action of the people coming to his counterclaim in claiming which he is the whistleblower who isbei! ng victi mized for being the partial of of the Opposition, despite knowing which he did not come with clean handsis also aclearcase of manipulating as well as distorting the supplies of the law to upset andinfluence the public, or rather, sanctimonious to be ignorant of the letters the law or only solid stupidity upon their part.
The control as well as attitude of the Opposition is shameful, insane as well as contemptuous towards the spirit of the Act, as well as it would be the shame for them to seek protection underneath this Act when it is appallingly transparent which organization to help the poor as well as betterment of the republic was the final thing they had in mind when makingsuch claims.Instead, all which they have to offeris critique ofthe governments bid in combatingcorruption as well as claimingtheir brute acts as the category actin phenomenon corruptpracticesandknowing which such report is taboo by law from open disclosure, yet unashamedlyclaiming to the whole universe which theydeserve theprotection underneath the really Act which they havebeen criticizing.
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