Sabah 'scandal': Enter Shafee, veteran lawyer to represent whistleblower

Veteran lawyer Muhammad Shafee Abdullah has volunteered to represent a whistleblower who claims to have evidence of bribery involving several assemblypersons from the ruling Gagasan Rakyat Sabah (GRS) coalition.

The case concerns allegations that these politicians received money to support the whistleblower’s application for a mineral exploration licence.

Shafee (above) has agreed to take on the case pro bono, emphasising that his decision is aimed at setting a precedent for future whistleblowers.

He stressed that his interest in this matter has nothing to do with politics.

The lawyer argued that for whistleblowers to feel safe coming forward, they must be protected from repercussions.

READ MORE: KINIGUIDE | Whistleblower Protection Act 2010: What does it cover?

“This is the reason I chose to represent the whistleblower on a pro bono basis.

“The subject matter is of interest to me. The channels must be kept open for whistleblowers. They should not be discouraged,” he told Malaysiakini.

Shafee pointed out that Prime Minister Anwar Ibrahim and Pakatan Harapan leaders had for decades claimed that agencies such as the MACC could be used as tools for political agendas.

“They should be able to empathise with my client,” he added.

Shafee also cited Section 202 of the Penal Code, which states that it is an offence not to report transgressions of the law.

“So here is a person with evidence of a crime involving elected representatives. He is more than willing to come forward. He is willing to testify in court. But the message to him is not to do so,” added the lawyer.

Section 202 reads: “Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.”

Anwar has vowed that the government would not protect those involved in corruption amid speculation that action would not be taken because GRS is considered a valuable political asset.

The ‘scandal’

The whistleblower has eight videos featuring different assemblypersons, seven of whom allegedly received bribes to support the businessperson’s application for a mineral exploration licence.

He also claims to have documents, banking details, and screenshots of WhatsApp messages.

However, he is seeking protection under the Whistleblower Protection Act 2010 and a written guarantee that he would not be charged.

Malaysiakini has sighted the videos and published one full version and two edited versions.

The edited versions featured Deputy Chief Minister Shahelmey Yahya and Tempasuk assemblyperson Mohd Arsad Bistari.

The full version was a recording of a discussion between the whistleblower and Kemabong assemblyperson Rubin Balang.

READ MORE: Sabah reps' alleged corruption videos: What has happened so far

The whistleblower said he did not offer a bribe to Rubin but had negotiated with him to use a firm belonging to his children to secure a mining exploration licence.

Malaysiakini also published a video of former Sabah Mineral Management chief executive officer Jontih Enggihon accusing the chief minister, who is the state-owned entity’s chairperson, of abusing his power.

Hajiji has claimed that the videos are part of a scheme to weaken his government, whereas an MACC report was lodged against Jontih for allegedly colluding with the whistleblower on mining licenses.

Jontih has denied the allegation and filed a counter-report against the chief minister.

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