Hope NACP is as good in action and not on paper only

Hope NACP is as good in action and not on paper only

The newly-launched National Anti-Corruption Plan (NACP) 2019-2023 on 29 January,2019 serves as a warning to all – including the prime minister and Cabinet ministers – to steer clear of graft.

The NACP also reveals that RM1.8 trillion was lost by the government through illicit financial flows between 2005 and 2014.

The prime minister said that the execution of the 115 initiatives in the NACP, which aim to rid Malaysia of corruption, will need the involvement of all – from himself to kindergarten teachers.

“(You) cannot expect me alone to do it, or only the National Governance, Integrity and Anti-Corruption Centre (GIACC).

“And, it is also not the responsibility of the Malaysian Anti-Corruption Commission (MACC) or certain agencies, to shoulder the responsibility of (ensuring corruption-free) governance and integrity.

“It is the responsibility of all quarters… to inculcate good values and to (instil) hatred towards corruption among our children.

The Federal Court on 30^th January, 2019 cautioned that those who disclose their police reports to the public may face the risk of civil action against them in court.

Justice Azahar Mohamed, who read the judgment in a case involving defamation, said people who disclosed the contents of their police reports to the public did not enjoy the right of absolute privilege.

Absolute privilege is an immunity for individuals, especially elected representatives, who make statements within the legislature regardless of whether their statements are malicious or not.

Azahar said the legal position in Malaysia was that a person making a police report was immune from legal action against him or her.

“However, we do not see a reason, on grounds of public policy, that the complainant should be free from accountability by way of defamation when publishing their statement to the public.

“There is no sufficient basis or necessity to expand the ambit of absolute privilege to cover the subsequent publication of the report at large,” the judge said in delivering judgment in the defamation case against local actress Zahida Rafik.

With this latest ruling from the Federal Court unless clarified by the Government of the day that we cannot be whistle blowers unless we are protected in the fight against corruption.

The Whistleblower Protection Act 2010 passed by Parliament in June 2010 provides protection to whistleblowers who voluntarily come forward to report or reveal information on corruption activities. This Act also encourages the public from all sectors to disclose corruption related activities. The identity of the whistleblower and the information provided are kept confidential from any party. Whistleblowers are also given immunity from any civil, criminal or disciplinary action due to the revealing of the act of corruption.

The Whistleblower Protection Act 2010 is a law of Malaysia to combat corruption and other wrong doings by encouraging and facilitating disclosures of improper conduct in the public and private sector, to protect persons making those disclosures from detrimental action, to provide for the matter disclosed to be investigated and dealt with and to provide for the remedies connected therewith.

Whistleblower Andre Xavier Justo on 1^st February, 2019, who is credited with breaking the infamous 1MDB scandal in Malaysia, has been gifted US$2 million (RM8.2 million) by The Edge Media Group chairman for exposing the scam

Group chairman Tong Kooi Ong presented the gift to Justo when he, his wife Laura and four-year-old son Zander visited the business weekly’s office today. They met Tong and the group’s CEO, Ho Kay Tat, The Edge Markets reported.

“The gift to Justo is in appreciation of his contribution to Malaysia in helping to expose the kleptocracy of the past government,” Tong was quoted as saying in the report.

“Without him, the wrongdoings involving 1MDB, as exposed by The Edge, would not have come to light.”

Justo was arrested in 2015 for leaking documents from oil and gas company PetroSaudi International relating to its joint venture with 1MDB, which formed the basis of a money laundering investigation.

This landed him in a Thai jail for 18 months for allegedly demanding payment in exchange for not disclosing confidential information.

“His family was harassed and intimidated while he was languishing in jail. No one should have to go through what he had to endure for helping to reveal the truth,” Tong said.

So we can see that it is not that easy for any whistleblower without pain and no gain. So Justo at least can see the day of his struggle against the Kleptocratic government under Najib.

So what the Federal Court decision on 30^th January, 2019 can present a harder fight against corruption especially against a kleptocratic government even with today’s new Government should NACP would likely fail too. 

The role of newspapers in the fight against corruption could also be facing tougher challenge as corrupted deals could simply be swept under the carpets as with my experience of exposing the corruption in the Government sector since 2004 in more than 30 Police Reports worth more than RM30 trillions –past present and future losses arising from corruption.

Newspapers would welcome Police Reports for publication to stir public concern.

When the Police fails to act on any corruption matters, the Police would recommend the lodgers of Police Reports to go to MACC for further action. But when MACC also fail to act where would the lodgers go?  Go to Public Complaint Bureau and then to Malaysia Human Right Commission or Suhakam.  When all things fail to see any correction action, it is naturally that such Police Reports are published in online websites and or blogs just to draw more attention without fear and favour.

Now with the “new Malaysia” government, are the aggrieved public got any way better to deal with corruption of a “kleptocratic” government or certain politicians and civil servants now they are sort of  protected with the latest ruling from the Federal Court despite NACP and the Whistleblowers Act 2010?

Now this letter is to the Court of the People in the fight of kleptocracy.  Imagine RM1.8 trillions was lost for the period 2005 to 2014 (only tip of iceberg).  You are sure ill practice would not be repeated when politicians often claim that they spent a lot on money to bribe the voters?

For NACP to succeed, it is obvious the public contribution is pertinent and the Federal Court or the legal fraternity assure the public that Whistleblowers Act 2010 is still relevant.

To have an added punch in fight against kleptocracy, the whistle blowers should be rewarded after a long battle like what Justo has just being rewarded to go on living.

For myself not to be disappointed forever in my effort of more than 30 Police Reports mostly published in blogspot, should not I be similarly rewarded like Justo to bring greater justice in society?

In passing, I am just wondering if there is really any justice from the Courts of Malaysia when we have the expensive and beautiful domes on top of major court buildings or complexes and symbolic of what, may I ask?

There is another Act on cruelty against animals especially dogs, and yet no official punitive action initiated against the often crimes against dogs as recently witnessed a horrendous slaughter of a dog by an employee in a steel factory and apologised by the company concerned.  Why such exposure escapes the attention and action of the relevant authorities?

Also is it not an abuse of court to be punished accordingly for withdrawing a very high profile court case in London by a top opposition leader for a massive claim in great disgrace when he could not recite what he had said in Malaysia in the London court that “It is not a sin of corruption in Islam” as per Rewcastle-Brown.  Why should not Malaysia deliver such natural justice when there appears to be dual systems of conflict but it is done elsewhere?

I must thank God if this letter in full would be published by Daily Express as real justice would prevail in exposing all ills and corruption especially kleptocracy.

Joshua Y C Kong, 7/2/2019