SUARAM condemns the selective
prosecution of Rafizi Ramli and Johari Mohamad under the Banking and
Financial Institution Act 1989. People have witnessed how the government
have habitually used piece-meal legislations to empower and protect
themselves and their cronies to silent the people whenever its interests
are challenged.
The arrest of Rafizi Ramli and Johari
Mohamad at 6:50AM today is not surprising at all. They were arrested and
brought to the court for a charge under the Sections 97 and 112(1)(c)
of the Banking and Financial Institution Act 1989 respectively for
disclosing National Feedlot Corporation’s ("NFC") financial accounts.
The timing of the arrest was spot on and the police and Bank Negara
officers deserve a tap on their shoulders from the Malaysian government
for their "efficiency".
The surprise, however, was the
prosecution of whistleblowers whom had disclosed credible evidence which
formed the grounds for criminal prosecution against Mohamad Salleh, the
chairman ofNFC.
Does the Whistleblower Protection Act 2010 protect whistleblowers?
Does the Whistleblower Protection Act
2010 protect whistleblowers? If it does then the Act is full of
loopholes! What is apparent is that in order to prosecute the
perpetrator of an offence, the whistleblower must go down with the
perpetrator. One would wonder what would potentially befall the
whistleblowers should they decide to break the silence when the corrupts
corrupt absolutely. No wonder, despite the Act had come into effect
since 2010, Malaysia still ranks 60th in anti-graft watchdog
Transparency International Corruption Perception Index in 2011, dropped
4 spots from the previous year.
The prosecution of Rafizi and Johari is
a clear indication of the government’s new venture into legalizing and
protecting corruption and cronyism. It appears that informers who
disclose matters of public interest like wastage of public funds would
be a threat to the ‘anti’-corruption campaign.
History has shown us that there are
always loopholes for the guilty ones to flee scot-free. One instance is
Perimekar Sdn Bhd and Terasasi Sdn Bhd . Despite evidence revealed in
the Paris (Scorpene Scandal) Papers, there has not been one single
inspection conducted on them instead, SUARAM as the whistleblower is
being harassed by the Company Commission of Malaysia.
On-going campaign to silent dissent and any public interest disclosures at all costs
If one would to look at the zeitgeist of
Najib’s administration, it would be the landmark on-going campaign to
silence dissent and any public interest disclosures at all costs, even
if it violates the supposed doctrine of separation of powers and the
people’s fundamental freedoms.
Brave men and women who wish to stand up
for the rule of law, for democracy and for human rights are today
subjected to constant threats and intimidation. This prosecution
demonstrates the ruling government’s growing paranoia and the fact the
government is determined to rule by fear.
SUARAM would like to put on record our
strong support for whistleblowers who disclose the government and their
cronies’ mismanagement of public funds and tax payers’ hard earned
monies. We strongly condemn the powers that be and its powerful
mechanisms to punish the innocence in order to protect the guilty ones.
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