KUALA LUMPUR: Whistleblower protection within the police force is limited to first-hand information only that meets a set criteria, said Bukit Aman Department of Integrity and Standards Compliance (JIPS) director Datuk Seri Azri Ahmad.
In a New Straits Times' Beyond the Headlines exclusive, concerns were raised about the protection of whistleblowers reporting misconduct and crime within the police force. According to Azri, whistleblower protection falls under the Whistleblower Protection Act 2010 (Act 711), and informants must adhere to specific guidelines for implementation.
However, Azri said that there were limitations to the whistleblower protection, citing cases where informants did not follow the criteria outlined for protection, which require the information to be first-hand.
"Let me quote the actual Act. The whistleblower protection is under Act 711, right?
"Okay, so the problem is the limitation to utilise this Act because for information providers to be safeguarded under the Act, they must adhere to the guideline to invoke the law.
"That's a problem. Some people are breaching the guidelines. Hence, that's why they cannot be protected under the whistleblower Act.
"From what I was told, whatever information provided by them… to qualify for protection under the whistleblower act, that so-called information must be first-hand information.
"(This means) original information that has not been shared with other people yet.
"That's one of the most important things about this Act.
"If the information is second or third-hand, you no longer qualify for protection as an informant.
"And some of them, they give information but they don't want to be known. The so-called whoever complained (of not receiving protection); they did not follow it.
"So nothing much can be done for them."
Azri insisted that there are other departments and agencies better suited to address this concern, such as the Malaysian Anti Corruption Commission (MACC).
"Maybe my answer is not strong enough; you better ask the proper people for this, because we do have people who come to us and feed us with whatever information, but they do not qualify to be put under (protection) of the Whistleblower Act.
"I think you better ask probably the MACC that can explain better because I remember they do have people under this protection."
He added that his department, JIPS, is specifically tasked with taking disciplinary action against personnel for misconduct rather than criminal investigations.
"Remember we are looking in terms of disciplinary action (within the force), not for criminal action.
"That's why we must understand the role of JIPS. We don't execute our personnel for severe acts resulting from a criminal investigation. But based on the investigation done by them (the Criminal Investigation Department, CID) that ends with a conviction in court, only then are they given to us for initiating the dismissal process from the force. This is how it's done.
Further elaborating, Azri highlighted that there is a hotline for internal personnel to report misconduct within the force. The hotline, he said, serves as an intervention measure to address issues before they escalate.
He pointed out that the hotline is more practical compared to the whistleblower act, especially in cases of internal misconduct.