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ACA goes after PKR whistleblowers PDF Print E-mail
Thursday, 04 October 2007 07:48pm

Sivarasa RasiahSivarasa and PKR worker face ACA ultimatum

©The Sun (Used by permission)
by Llew-Ann Phang

KUALA LUMPUR (Oct 4, 2007): The Anti-Corruption Agency (ACA) has compelled Parti Keadilan Rakyat (PKR)'s vice-president Sivarasa Rasiah and party adviser Datuk Seri Anwar Ibrahim’s political coordinator Sim Tze Tzin to reveal the source of the eight-minute video clip, or face action under the Anti-Corruption Act 1997.

Sivarasa and Sim were served with a notice to provide information under Section 22(1)(c) of the Act in the ACA office, here today. It was signed by ACA headquarters Special Action Branch enforcer Chua Lay Choo.

"We understand from the attachment to the notice that they want to know the identity and full details of the source," Sivarasa said.

Both Sim and Sivarasa have one week to comply or face two years jail, a fine of RM10,000 or both.

He said they had not responded yet but will discuss with their lawyers and the party leadership before deciding on their next move.

"They are using the law to reveal the source and ACA justifies it to their need to compile evidence to determine the authenticity of the clip," he said, adding that this will further reduce the public’s confidence in the government agency.

The recording was of a telephone conversation purportedly between a senior lawyer and a "Datuk" believed to be a senior judge.

PKR released the clip – originally 14 minutes long – in a Sept 19 press conference and Sivarasa lodged a report with the ACA the next day.

He said PKR gave the source a guarantee of protection from the start and added that he (Sivarasa) and Sim were willing to take the penalties in efforts to protect the source.

PKR, he said, was disappointed over the directions of the investigations and questioned ACA’s technical investigations to determine the authenticity of the clip.

Investigations in the technical sense can be done if the tape is handed over to its video experts or they could even call the people in the video but they are asking for the details of the source, he said.

Sivarasa said investigations had taken a wrong direction - similar to the nude ear-squat recording in 2005.

Investigations in that incident, he said, were centred on the person who captured the video and not the offence of misconduct where the woman was made to strip and carry out the act.

"I told Chua it is the same here. Instead of investigating the root of the problem – corruption (within the judiciary) – they are going after the source of the video," he said.

Sivarasa and Sim both said that without the formation of a Royal Commission, the source would not be revealed because of a lack of immunity.

Sivarasa and Sim were accompanied by lawyer Amer Hamzah Arshad.

Comments (9)Add Comment
ACA NEEDS TO RE-EXAMINE ITS INVESTIGATION TECHNIQU
written by Derek John Fernandez, Thursday, October 04 2007 11:43 pm

As a matter of proper investigation technique, the ACA should first show Lingam the tape the subject of the investigation, then record his statement about it and every aspect of his conversation.. Very simple if he denies the whole thing and says it's a fabrication or it's not him (or any other explanation), Further questions can be asked about the factual content such as to whether that is his house, his tea cup, does he drink wine , does he know VT, TM TA, what is his relationship with them,etc. After that the CJ statement must be taken,after showing him the tape.ONLY IF LINGAMS STATEMENT CLEARLY STATES that the whole video is a forgery, manufactured etc ,should the ACA question the source. BY asking to produce the source now, those being investigated, if guilty will do their best to get access (we know evidence leaks) to not only the statement of the source but other witnesses and also the surrounding circumstances (as revealed by the source) which is so vital to contradict those very persons IF THEY LIE.

Obviously should those being investigated get hold of the sources statement they will have a better opportunity to make up a convenient tale. The advantage now is they don't know the full evidence available against them (eg balance of recording,people in rm,etc)and therfore had better make a truthful statement or risk being contradicted by maybe more than one witness or documents. That is why the prime suspects have very little to say at this stage. They is also a risk that attempts may be made to compromise witnesses once their identity is disclosed before the statements of the suspects are recorded Don't they teach this at ACA101.

Derek John Fernandez

Who would want to report a crime now?
written by Kelvin Ng Sin Huat, Friday, October 05 2007 08:44 am

Dear Derek,

I agree with you. What the authorities, the ACA in this case and the police in the nude squat case, are doing is setting up a very dangerous precedent. Instead of investigating the suspect first, there is a trend to investigate the source/whistleblower! If I have knowledge of or come across any evidence suggesting impropriety. misconduct and crime being committed especially by well connected person, I will hesitate to divulge the same to the authorities for fear of being victimised and prosecuted!

In fact, if I have children and one of them goes missing, I will hesitate to lodge a police report because the IGP may want to charge me for negligence as in Nurin's case!

I think an investigation must be carried out on the manner investigation is being carried out by the authorities. Why such a procedure being adopted? Who gave the instructions? Oh dear.... what is happening to our country??? smilies/angry.gif

Kelvin Ng Sin Huat

ACA is a joke
written by Puteri Shehnaz Majid, Friday, October 05 2007 11:30 am

Typical. We all expected this. Go after the whistle blowers instead of getting to the root of the problem.

Absolutely sickening.

Puteri Shehnaz Majid

Malaysia Boleh!
written by Justin Chin E-Loong, Friday, October 05 2007 11:48 am

This is just typical of the Malaysian way of doing things isn't it? Instead of going after the culprit, they're busy going after the whistle-blower.

Get your priorities straight!! The ACA should be REWARDING the whistle-blower for disclosing the misdeeds instead of investigating him! What's wrong with you people?!! This is the worst case of cover up someone could try.

Looks like Malaysia is going down in the transparency ranking again after moving up slightly the past year.

Justin Chin E-Loong

I hope Sivarasa & gang will be brave enough
written by Alex Tan Ken Seng, Friday, October 05 2007 01:14 pm

I hope they seek a declaration that what the ACA wants to do is unlawful.

I hope more peaceful demonstrations by the rakyat will occur.

I hope that in the worse case scenario, Sivarasa and Sim will risk it all and go to jail, to prove a point to the whole world that our UMNO-Baru led government has gone bonkers!

Alex Tan Ken Seng

Predictable move
written by Sarah Binti Mohd Zakaria, Friday, October 05 2007 02:48 pm

Isn't it expected of the Government to act the way they do? smilies/cheesy.gif

Sarah Binti Mohd Zakaria

Whither the Whistleblower Act.
written by Raymond Yap Soon Hock, Friday, October 05 2007 03:13 pm

What happened to the much awaited Whistleblower Act? Must have disappeared into thin air.

Raymond Yap Soon Hock

Why must they hunt for the source?
written by Shim Wai Loon, Friday, October 05 2007 04:21 pm

Given how high-profile this matter is, the ACA had pressurised the PKR to reveal the identity of the source without offering any sort of protection to them. Is this meant for helping the panel or just for the sake of exposing the source to whosoever? Having the source revealed is not the only way to determine the genuity of the clip, instead, it might put the source in danger then the whole matter will go down the drain quietly as usual. Is this what we want?

Shim Wai Loon

Simple equation
written by Visvanathan Murugiah, Friday, October 05 2007 04:42 pm

It is a simple equation really. Remove the whistleblower or at least scare him/her enough then all will be forgotten. And all will be well again in Bolehland. We can then preach to Myanmar how to behave and how to handle protestors.

Bolehland will then be the pride of ASEAN and be the shinning example as to how governments are to behave. Quite a brilliant plan actually.

We should be proud that our nation is doing its best to get the whistleblower. He/she must be stopped/arrested/persecuted at all costs. Period.

Visvanathan Murugiah


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