Warisan legal adviser Chin Tek Ming urged the MACC not to reject a whistleblower’s request for immunity outright and to be more practical about it.

While the anti-corruption agency has the right to revoke immunity under the law, doing so may deter other whistleblowers from coming forward to report improper conduct, he said.

“In this case, regardless of the reason, the whistleblower is brave in wanting to expose and disclose improper conduct committed by elected assemblypersons.

“We should salute the whistleblower and encourage him to stand firm and lodge a report to the MACC. After all, the Sabah chief minister has openly said there is nothing to hide,” Chin (above) said in a statement today.

The whistleblower, who had been sharing several video clips with Malaysiakini alleging corrupt acts by Sabah politicians, lodged a police report two days ago after receiving a death threat.

On Nov 9, MACC chief commissioner Azam Baki said his agency could not provide a written guarantee that the whistleblower would not be investigated or prosecuted.

Azam stressed that the law states when the individual provides the information to the authorities, he is protected under the law but this can be revoked if he or she is found to be involved in the offence.

On Nov 12, Prime Minister Anwar Ibrahim also said the whistleblower would not be guaranteed protection if they were the bribe giver.

MACC chief commissioner Azam Baki

On that note, Chin urged the MACC to consider the situation at hand and get the whistleblower to become a complainant and witness for the case.

“After all, in a corruption case, it is MACC’s prerogative to opt for charging the giver under Section 16 of the MACC Act 2009 or the recipient under Section 17 of the same law.

“To secure a conviction, it is impractical and logic-defying for MACC to charge both the giver and receiver together because who would be testifying over the transaction?” he asked.

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