Guan Eng regards Rafizi an innocent whistleblower

Lim Guan Eng regards Rafizi Ramli an innocent whistleblower who should be protected instead of jailed

(FMT) – Pandan MP Rafizi Ramli’s recent jail sentence for breaking banking secrecy laws was due to a lack of laws protecting those who expose wrongdoing, Penang Chief Minister Lim Guan Eng said today.

Lim said the Barisan Nasional federal government was to be blamed in this case, as it did not include whistleblower protection clauses in all laws enacted.

“I am not criticising the judiciary, they are just doing their job. I am criticising the BN federal government for prosecuting (Rafizi) despite saying they would not take action against whistleblowers.

“But yet, they rely on laws that could enable them to prosecute whistleblowers instead.

“They have inserted whistleblower protection clauses in anti-corruption laws, but older laws are not amended to protect whistleblowers,” he told reporters today.

Lim said in the event that a whistleblower gave wrong information, then they should be charged under civil laws for defamation.

“Go after wrong reports and people who lie, but not the whistleblowers. 

“We strongly support Rafizi in this case and are ready to render all help needed,” he said.

Rafizi and a bank clerk were sentenced to 30 months’ jail by the Sessions Court on Wednesday. They had been accused of revealing details of bank accounts relating to the National Feedlot Corporation’s (NFC) subsidiary companies and executive chairman Mohamad Salleh Ismail six years ago.

Rafizi, who was formerly PKR strategy director, claimed trial to the charge under Section 97(1) of the Banking and Financial Institution Act 1989 or Bafia in 2012.

Former Public Bank clerk Johari Mohamad was charged under Section 112 (1)(c) of the same Act.

Both of them are appealing against the sentence.

Rafizi and Johari’s trial had only begun last year, following applications to quash his charge as prosecutors used Bafia, a law that was repealed in 2013.

The government repealed Bafia in 2013 and replaced it with the Financial Services Act.

Article 48 of the Federal Constitution disqualifies a person from being an MP for five years should the elected representative be convicted and sentenced to more than one year in jail, or fined more than RM2,000.

Regardless of the outcome of the appeal, Rafizi has reportedly said he will not be standing as a candidate in the next general election which is just months, if not weeks, away.