KUALA LUMPUR: A former Education Malaysia Global Services (EMGS) deputy director has been freed from a charge of causing a whistleblower who exposed his misconduct to the Malaysian Anti Corruption Commission (MACC), to be sacked.
Wafiy Abd Aziz, 37, who was the first person to be charged under the Act, was acquitted and discharged by the Sessions Court here after the prosecution failed to establish a prima facie case against him.
Wafiy was accused of taking detrimental action against the person who blew the whistle on him to the MACC.
He allegedly did this by inciting Datuk Abdul Rahman Shariff, the chairman of the company, to sign a document of Termination of Employment against the whistleblower in retaliation for exposing his improper conduct to the anti graft agency.
The charge framed against Wafiy under Section 10 (3)(b) of the Whistleblower Protection Act carries a fine not exceeding RM100,000 or a jail term of not more than 15 years or both, if convicted.
Judge Suzana Hussain ordered the accused to be freed without calling for his defence after prosecution failed to prove a prima facie case against the accused at the end of the prosecution's case.
17 witnesses had been called, including Rahman and then EMGS chief executive officer Shahibuddin Shariff.