Is it wise to use the Whistleblower Protection Act and the Witness Protection Act to protect the 'Datuk T' trio who released a sex video involving a man said to resemble an opposition leader? This is what will be done if the authorities feel they have a case, Minister in the Prime Minister's Department Mohamed Nazri Abdul Aziz had told reporters in the lobby of Parliament House yesterday.The 'Datuk T' trio are businessman Shazryl Eskay Abdullah, former Malacca Chief Minister Rahim Tamby Chik and Perkasa treasurer Shuib Lazim. Malaysiakini called several top criminal lawyers for their opinion on whether the position taken by the de facto law minister would be proper use of the two laws.
Lawyer Baljit Singh Sidhu,who authored the book 'Criminal Litigation Process', said it would be "a misfit" to protect the three under both laws.
"Such provisions are used to protect a person who informs (the authorities) about a crime. However, there are questions about the agenda of the three, whether there is malice involved (in revealing the sex video)," he said.
"The other question is whether they truly want protection. The way they presented themselves in showing the tape is as if they do not need any protection. One of them is a former chief minister and they appeared rather gung ho in showing it." He said the act of screening the video to the public is in itself an offence.
Law cannot cover 'dirty politics'
Another lawyer, Amer Hamzah Arshad, asked whether what the trio disclosed was a criminal act that requires protection, such as affecting the security of the nation, a major corruption scandal or a scandal involving a huge corporation.
"It is merely about two consenting adults having sex. It is not illegal from a legal perspective but (is) a question of morality. However, it may have problems under Syariah law," he noted.
"Whistleblower or witness protection laws should be used on a person who leaks information about an organisation or crime committed by someone. The whistleblower law is aimed at protecting the informant of a crime committed, and is not about an immoral act," Amer said.
Furthermore, he said, this law should not be stretched to cover "dirty politics". "If you have information on a crime being committed, you should approach the authorities.
"You do not go out in public to call the press. You go to the police station and then you seek protection. They did not go to the police first and instead they screened the video."
'They revealed their identities'Johor-based lawyer, Hisyam Teh Poh Teik, said that, in the first place, the 'Datuk T' trio had revealed their identities voluntarily.
"Since they have not complained about concerns over their safety and they have exhibited the video with great fanfare, they must be responsible for their actions," said Teh, a former Johor Bar committee chairperson.
"What they have done doesn't make sense (to require witness protection). They were proud to show the video and it is illogical now for them to ask for protection or for the authorities to (provide it to them)."
Baljit reiterated that despite what was being said, Opposition Leader Anwar Ibrahim, who is purportedly the the person in the video, should be answerable. "He should tell the truth and the authorities themselves should work so that the truth of the whole affair is determined," he said.
Meanwhile, PKR's Balik Pulau parliamentarian,Yusmadi also questioned the manner in which the sex video scandal is being played out in the public sphere, saying that PKR de facto leader Anwar Ibrahim is being painted as a suspect in a case where the identity of the suspect and victim have not even been established.
“There are three police reports against Datuk T, including under the Cinematography Act and for threatening Anwar and PKR president Dr Wan Azizah (Wan Ismail). Why is it they suddenly need to defend Datuk T?” he asked.
“In this case, this (exposé) is not accidental or impulsive. It was well planned and they called not just another journalist, they called the editors. They (Datuk T) should be investigated. “At this point I think they should be the suspects... in no way will we find the truth if they are protected.”
The video was shown to selected members of the press at the posh Carcosa Seri Negara hotel on March 21. The man in the footage - recorded on Feb 21 - was said to closely resemble Anwar. Anwar has denied any involvement and lodged a police report.
The 'Datuk T' trio of Eskay, Rahim and Shuib revealed their identity on March 23. Both Eskay and Rahim had their statements recorded by police last Thursday night while Shuib, who was picked up in Sungai Petani, had his statement taken at Bukit Aman the next day.- Hafiz Yatim
source:malaysiakini
'Eskay Rupanya Tukang Urut Mahathir!'
Is the government protecting Trio Amigos by citing the whistle blower and witness protection act? A crime has been committed by them and they admitted to it, so how can they be protected by the whistleblower and witness protection act?
Aku ingat si Nazri dah mabuk kot.....
cheers.
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