Whistleblowers cannot be sued for libel or slander, rules Federal Court
PUTRAJAYA: A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.
The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.
The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.
Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.
“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.
The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.
Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.
Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.
Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.
The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.
“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.
On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.
But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.
The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.
Court of Appeal: Section 62 of MACC Act unconstitutional
PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.
Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.
The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.
Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.
“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.
The Court of Appeal granted DPP Datuk Masri Mohd Daud's oral application to stay the proceedings in the Penang High Court pending the prosecution's appeal over the decision.
On March 7 this year, the High Court dismissed Lim and Phang's application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused's right to a fair trial.
Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.
Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.
He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.
Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.
The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.
Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.
She allegedly committed the offence at the same place and date.
The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. - Bernama
MACC will appeal against ruling that Section 62 is unconstitutional
PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal's ruling that Section 62 of the MACC Act is unconstitutional.
The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court "as soon as possible".
"The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon," it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.
Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.
Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. - The Star
MACC: ‘Decision has no bearing’
PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corruption Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.
The MACC said in a statement that its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.
“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.
But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.
Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.
Jul 3, 2016 ... Critical time for DAP leader, Penang Chief Minister Lim Guan Eng. Fall from
grace: Lim, who is facing two charges of corruption alongside ...
GEORGE TOWN: The Penang government finally inked a corruption-free pledge and almost immediately faced calls for the Chief Minister Lim Guan Eng’s resignation over corruption charges he faces.
The state government signed the corruption-free pledge with 10 additional integrity measures with the Malaysian Anti-Corruption Commission (MACC) in a ceremony at Komtar attended by Lim, executive councillors, state assemblymen and MPs, heads of departments and agencies along with public administration officers and MACC officers.
The additional measures signed by the state include the CAT (competent, accountable and transparent) policy, open competitive tenders, public declaration of assets, and full protection for genuine whistleblowers.
MACC chief commissioner Datuk Dzulkifli Ahmad welcomed the additional integrity measures.
“It will strengthen the pledge as a whole. But the state must put their pledge and integrity measures into practice,” he said, adding that the occasion was meaningful for him.
“I am a Penangite, born in Kepala Batas,” he said.
Barely an hour later, Lim came in for attacks from Penang Umno Youth chief Rafizal Abdul Rahim who wanted him to resign, and state opposition leader Datuk Jahara Hamid for not inviting the state’s 10 opposition members to the ceremony.
Rafizal and several members approached Dzulkifli to hand over a memorandum urging Lim to resign.
“By signing the pledge, Lim is indirectly showing others he is clean,” he said.
MIC central working committee member J. Dhinagaran, a Penangite, said Lim should set an example by resigning from his position as Chief Minister if he was sincere about combating graft.
Lim faces corruption charges over the purchase of his bungalow in Pinhorn Road for RM2.8mil, below the market value of RM4.27mil.
On Jahara’s complaint, Lim said Umno assemblymen were not invited for the ceremony because they had failed to show up on previous occasions.
“We invited her (Jahara) many times and even invited her to sit in a committee, but she didn’t want to,” he said.
Jahara later said they would hold a corruption-free pledge session.
Kelantan will sign the anti-corruption pledge next week. Dzulkifli said the MACC had yet to receive a date from the Selangor government to sign its pledge.
Jul 3, 2016 ... Critical time for DAP leader, Penang Chief Minister Lim Guan Eng. Fall from
grace: Lim, who is facing two charges of corruption alongside ...
GEORGE TOWN: More than RM60mil collected from developers as drainage contributions in Seberang Prai has reportedly not been given to the state Drainage and Irrigation Department (DID).
Pulau Betong assemblyman Datuk Muhammad Farid Saad, who lashed out at Seberang Prai Municipal Council (MPSP) for withholding the money, said only RM2.2mil of RM63.39mil collected from 2008 to June last year was disbursed so far.
He said that according to the Auditor-General’s Report 2016, the move went against the directive which required contributions from developers to be channelled to a trust account maintained by the state DID director who would act as its controlling officer.
“MPSP’s failure to transfer the funds has resulted in many stalled flood mitigation projects.
“In 2016 alone, four places in central Seberang Prai were hit by flash floods 21 times.
“The rakyat are at the receiving end, all because MPSP wants to portray itself with a nice balance sheet.
“In the state assembly, the state government on April 2014, announced that it had increased the contributions from RM10,000 per acre to RM50,000 per acre.
“Did they spend part of the contributions on something else instead of drainage and irrigation or flood mitigation?” Muhammad Farid asked in a statement.
He said the Auditor-General also reported that MPSP’s Treasury Department was instructed to hand over RM400,000 annually to DID in 2010.
“That instruction did not get the approval from the state government. This is improper and action has to be taken.
“It is inappropriate for the local authority to make decisions behind the backs of the Chief Minister and state government.
He criticised MPSP for showing a lack of commitment in tackling floods.
“It is an irony that a local council which has won international accolades does not follow directives.
“The exposure by the Auditor-General has dented MPSP’s integrity.
“Its delay in handing over the contributions shows that it did not adhere to the state government’s CAT (competency, accountability and transparency) policy.
“Are they trying to secure another award — a local council with the healthiest coffers?”
MPSP president Datuk Rozali Mohamud said he would comment after reading Farid’s report in print.
Checks on local news reports show EBA bestowed ‘awards’ not just to Penang councils but also other Malaysian institutions.
GEORGE TOWN: Before the dust could settle on a shock expose that Penang municipal councils received “excellence” awards from a questionable outfit exposed by a UK newspaper, checks show that other Malaysian companies, universities and GLC execs were also recipients.
Checks by FMT show Malaysian companies, public universities and top executives of Malaysian government-linked companies had won awards from the dubious Europe Business Assembly (EBA) before.
UK’s The Times had alleged that EBA, run by Ukrainian businessmen, made use of the renowned Oxford University’s name and reputation to hand out awards to those who paid a sum.
According to EBA’s website, this year, seven Malaysian companies and their bosses were listed as award recipients.
Among them is a public-listed utilities company and an education provider.
Based on Malaysian news reports, past winners of EBA’s awards include three Malaysian public universities — namely Universiti Sains Islam Malaysia (USIM), Universiti Teknikal Malaysia (UTeM) and Universiti Malaysia Perlis (UniMAP).
USIM, UTeM and UniMAP received the “Best Regional University” award from EBA in 2013, according to a report by Utusan Malaysia on Dec 25, 2013.
Their vice-chancellors were reported in local Malaysian dailies to have won “Best Manager of The Year” in the same year as well.
One of the vice-chancellors was reported to have won “Best Scientist” separately from EBA’s “Oxford Summit of Leaders Science & Education”.
Another VC was reported to have won “The Name in Science” award, too.
EBA’s ‘International Socrates Award’
According to EBA’s website, the group is “an international corporation of social partnership” established in Oxford, UK, in 2000.
It lists developing and promoting social and economic links between companies, investors, education establishments, cities and countries worldwide as its main objectives.
The Times had reported that EBA advertises itself as an Oxford institution to sell “made-up prizes” such as “The International Socrates Award” and “The Queen Victoria Commemorative Award” for a price of up to £9,300 (RM52,000).
The report claimed the EBA outfit was run by Ukrainian businessmen, targeting areas where people had the financial power to buy such accolades.
A former employee told The Times that the outfit was told to focus on customers from the Middle East, eastern Europe and Russia “where the idea that money buys you credentials is still there”.
EBA was also revealed to have used images of Oxford colleges and even the same typefaces in its publicity materials.
It also claimed “exclusive” access to special lectures from Oxford, the report said.
However, the University of Oxford told the daily it has no relations with EBA.
“On the face of it, the guests gathered that evening did not have much to unite them.
Representatives from a Nigerian maritime security company rubbed shoulders with the vice-president of a Bulgarian mine.
“The founder of an international school in Malaysia mixed with the director of an Indian private medical institute,” The Times report read, in explaining the holding of an elaborate awards presentation ceremony.
Penang Island City Council and Seberang
Perai Municipal Council accused of having paid for awards from a
‘bogus’ organisation, which was exposed by a UK daily.
