And so it goes…
Does the end justify the means?
I nearly choked on my coffee when a
senior lawyer said this to me over a cuppa one Sunday morning.
He was quick to clarify: “He does not
qualify himself as whistleblower in Malaysia. The Whistleblower Act
cannot protect Rafizi.”
PKR strategic director Rafizi Ramli first
exposed the financial scandal of National Feedlot Corporation (NFC), a firm
running the Federal government’s cattle farming project, linked to the family
of former Women, Family and Community Development Minister Datuk Seri Shahrizat
Jalil, a couple of years back.
And over the past two years, Malaysians
had seen the exposé of NFC’s financial mismanagement – one after another.
As soon as NFC defended the alleged
mismanagement, Rafizi was able to expose yet more scandals.
Rafizi, a trained accountant, has in
hand facts and evidence convincing enough for Malaysians to believe in all his
allegations against NFC.
Shahrizat was cornered into explaining
the alleged financial mismanagement, corruption
and misappropriation of funds by NFC which eventually forced her to resign her ministerial
post.
Rafizi had blown the whistle. He had
performed his “national service” for the “national good” -- and lest we forget,
so had former Public Bank employee
Johari Mohamad who had acted in the same spirit.
Both had taken personal risks for the
national good and while Rafizi was seen as championing the fight against
corporate mismanagement, it was not so for his informer, Johari, who faced
tremendous pressure and eventually had to resign from the bank.
By exposing the NFCs scandals, Rafizi
has undoubtedly raised his profile among the young politicians not only in PR
but also among many young Malaysians who may not have taken side in their
political stance.
But did Rafizi think he would get away
with it? When he disclosed four customer-profile documents to a media
consultant and a journalist, did he know he was violating the Banking and Financial Institution
Act (BAFIA)?
It would be illogical for him to claim ignorance, being a trained accountant and a politician.
Rafizi was eventually charged on August
1 under BAFIA but at what cost for BN?
It is still about perception, public
perception.
Rafizi is a messenger in the eyes of
the public -- a hero who has revealed to the public alleged dishonest or
illegal activities in a government agency.
The public perceive it as injustice
when he was handcuffed following arrest at his home before being taken to court
while the man whom he had exposed for alleged
corruption in the RM250 million cattle farming scandal, NFC chairman Datuk Seri
Mohd Salleh Ismail, was uncuffed as he walked into the court.
They are the messengers. And there are
cries of “don’t shoot the messengers” out there just as there is the first
cry in Shakespeare’s Henry IV.
In another play -- Antony
and Cleopatra -- by the Barb of Avon, Cleopatra
threatened to treat the messenger’s eyes as balls when told Antony
had married another.
The public’s response to the BAFIA
charge is the same as that of the messenger: “Gracious madam, I that do bring the
news made not the match.”
The charge against Rafizi who exposed
the scandals and saved the nation of millions of ringgit, made no match.
Public opinion is that he is being
victimised for being a member of the opposition and this despite knowing that
he did not use “clean means” to do what he did.
The perception is that if you “snitch”,
the government will come after you.
This has put Whistleblower Protection Act
under greater scrutiny, and probably also made Rafizi the first casualty of the
Act.
The charge, undoubtedly, has impacted negatively
on the perception of the government’s anti-corruption efforts.
Deputy Higher Education Minister Saifuddin
Abdullah had said: “I think this case is going to put the Whistleblower Act under
closer scrutiny because the Act is supposed to protect whistleblowers in many
areas -- from civil and criminal -- especially against detrimental practices.
The reality is Razili has broken the
law to champion an issue for the national
good.
But does one right make a wrong right? Can one commit one crime to solve
another crime?
The end justifies the means. Among
scholars, this is the impression of what Machiavelli meant -- given that an end
is profitable enough, any means, even a very immoral one, is justifiable.
A closer look at the line in question
seems more psychological than ethical:
In the actions of all men, and especially of princes, where
there is no court to appeal to, one looks to the end. So let the prince win and
maintain his state: the means will always be judged honorable, and will be praised by everyone. – The Prince
What is your take on it? It would be
nice to give it some thought.
But now, the question being asked in
kopitiam across the country is does the end justify the means? Is Whistle
Blowers Act effective?
HEAD OR TAIL: Is the fate of a whistle
blower to be decided by the toss of a coin?
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