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KUALA LUMPUR: A deputy director of the one-stop shop for foreign students at the Ministry of Higher Education has become the first to be charged under the 10-year Whistleblower Protection Act.
Education Malaysia Global Services (EMGS) Deputy Director Wafiy Abd Aziz, 35, is charged under Section 10 (3) (b) of the Whistleblower Protection Act 2010 (Act 711). He pleaded not guilty.
The Malaysian Anti-Corruption Commission (MACC) accused him yesterday in the Sessions court of inciting his superior to fire a whistleblower who exposed them to the anti-graft body.
He was charged with inciting then-EMGS Chairman Datuk Abdul Rahman Mohamed Shariff to sign an employment termination document against the whistleblower, then EMGS CEO Shahinuddin Shariff, in retaliation for exposing the defendant’s misconduct to MACC on January 9 of this year.
As a result, Shahinuddin, who had been on the EMGS board since 2019, lost his job.
It is alleged that Wafiy committed the crime at the EMGS office in Jalan Mayang Sari here.
Under the Law, it is a crime to incite or allow another person to take or threaten to take a harmful action for any reason under subparagraph (a) (i) or (ii).
If convicted, the accused may be sentenced to a fine of not more than RM 100,000 or a prison term of not more than 15 years, or both.
Presiding Judge Azman Ahmad set bail at RM 15,000 and the defendant would have to report to the nearest MACC office once a month.
Wafiy’s wife posted bail.
In front of the law: Wafiy covering his face when entering the Kuala Lumpur Court of Sessions.
Wafiy, who was also charged in July this year under Section 23 of the MACC Act for abuse of power, was asked to surrender his passport and reminded not to tamper with or disturb witnesses to the prosecution until the trial was completed.
Earlier, the defendant’s lawyers asked the judge to allow him to remain in court until the media crowd outside had dispersed, stating that “the media game can taint his bright future.”
But Judge Azman said it was out of his jurisdiction to do that.
The accused was represented by a team of three lawyers of Messrs. Salehuddin Saidin. MACC’s team of prosecutors was led by Afif Ali.
The next mention of the case was set for October 20.
Last January, EMGS President Abdul Rahman pleaded not guilty to a money laundering charge at Sessions Court in Johor Baru.
Abdul Rahman also faces three counts of criminal breach of trust involving RM178,000 in the Kuala Lumpur Sessions court.
EMGS, formed in 2012, is a company under the jurisdiction of the Ministry of Higher Education that operates a single center for services for international students together with the Department of Immigration.
It is the main body that manages the movement of international students in Malaysia, including facilitating the processing of their visas and has a single center for such matters.
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