Sat, 19 Jul 2003

Confidentiality vital to reassure informants

V.K. Chin, The Star, Asia News Network, Selangor, Malaysia

Law enforcement agencies love whistle-blowers, or informants, as they are key figures in the fight against fraud, corruption and other illegal activities in both the public and private sectors.

Since they have access to or knowledge of the innermost secrets of their organizations, they can supply the information that can bring down top corporate figures or senior government officials.

Without such confidential facts detailing the wrongdoings of those who abuse their positions, it would be difficult for the police or the Anti-Corruption Agency (ACA) to bring such crooks to book.

However, whistle-blowing can be hazardous to one's career or even health as such informants are naturally the targets of those who wish to protect their personal or company interest.

Some of them may be prepared to use strong methods to protect themselves from prosecution. Whistle-blowing is therefore a risky business and because of this fear, few are prepared to play this role.

In return for their co-operation, the Government is proposing legislation to protect such witnesses whose testimony is vital if the law-enforcement officers are to build up a strong case against the offenders.

Under this program, the Government will ensure that those who come forward with concrete facts and evidence against their employers or corporations will not lose their jobs or be victimized for their actions.

However, even Rais Yatim, the Minister in the Prime Minister's Department, has admitted that the protection has its limits, as the collaborators cannot be looked after forever.

Still, not many are prepared to come forward to become witnesses though they may be prepared to supply damaging information to the police or ACA to help them in their investigations.

If their activities are known to their bosses they may not only lose their jobs but may find difficulty in getting employment elsewhere as they will be blacklisted and no company would like to have such people on their payroll.

It would be good enough if the commercial crime or ACA officers were able to acquire confidential details without the suppliers of such information being made known.

Informants are prepared to come forward with sensitive but vital information only if they are convinced that their identities would be kept strictly confidential so that the law- breakers would not have a chance to get back at them.

Once the complainants know that their interests are being looked after, more of them may be prepared to provide the evidence for the police or ACA to nab and prosecute the culprits.