Sabah corruption scandal: LFL to hand over unedited videos, urges whistleblower protection

SHAH ALAM - Lawyers for Liberty (LFL) will submit unedited video evidence concerning the Sabah corruption scandal to the Malaysian Anti-Corruption Commission (MACC).

LFL co-founder Latheefa Koya said that the whistleblower, referred to as 'Albert', provided them with a pen drive containing 10 unedited videos and the original recording device.

After reviewing the footage, Latheefa asserted that the videos clearly demonstrate admissions of bribery.

“Yesterday, ‘Albert’ met with me and Zaid (LFL’s executive director Zaid Malek) at my office, (and) asked for our assistance to ensure action is taken based on the evidence in the videos.

“He has given me the full videos, recorded by him, full and unedited. Zaid and I have viewed the entire full version of all the videos (and) the evidence of corruption is clear,” she said in a press conference earlier today.

She said that Albert had initially intended to present this evidence to the authorities but encountered threats and deterrents, including warnings of potential consequences if he proceeded.

Consequently, Zaid would submit the evidence to MACC on Albert's behalf today.

In November last year, several video recordings surfaced, allegedly depicting Sabah assembly members, including the Chief Minister Datuk Seri Hajiji Noor, discussing payments in exchange for mineral exploration rights.

Following this, MACC initiated an investigation, interviewing over 15 individuals, including Albert.

However, in February, MACC chief commissioner Tan Sri Azam Baki reported that forensic analysis indicated the videos had been edited and lacked credibility, rendering them inadmissible as evidence.

Latheefa criticised the government's response, emphasising the need for proactive measures in combatting corruption.

She highlighted that instead of receiving protection as a whistleblower, Albert faced public threats of prosecution.

Meanwhile, Chief Commissioner Tan Sri Azam Baki has stressed that the MACC has never closed the case and asked all parties to be patient while the the commission obtains statements and studies the video said to be the full version.

"We never said we are closing this case, that is why I am asking everyone to be patient. Everyone wants this matter to be resolved quickly, I also want this case to be resolved quickly, but we have to follow the law.

"So, when the so-called authentic video came out, we quickly called the lawyer and he (Zaid) is now in the office for us to receive the statement.

"We are recording his statement because he is a witness and he received the video," he said in a press conference after witnessing the Signing Ceremony of the Memorandum of Cooperation between the Sabah MACC and the Kota Kinabalu City Hall (DBKK) here, Tuesday.

Commenting further, Azam said the MACC would also record the statement of the informant on Wednesday to further refine the investigation.

"So, of course Albert has made an agreement, maybe tomorrow his statement will be recorded for us to further refine this investigation. Of course from that, we will continue this investigation based on the evidence we have just received.

"I don't know yet (whether it is the original video or the full version). The one that was just handed over to us, I cannot make any conclusions so far.

"We have to see whether the evidence given to us is admissible or not. So, there is no issue where we are trying to delay or try to protect any party in this case," he said.

He stressed that the decision will be made by the Deputy Public Prosecutor to decide whether someone is charged or not.

"It is not our decision as investigators, so no party can say that we are the ones who made the decision to charge or not, it is up to the Deputy Public Prosecutor.

"So any party that feels the need to be given protection, I cannot give any guarantees.

"Investigations are being conducted into all parties and if the Public Prosecutor finds that there is a case to be charged in court, I have no authority to prohibit it," he said.

On a related matter, Azam said an investigation would be conducted following the latest video, which was uploaded on a news portal involving Sabah State Legislative Assembly Speaker (DUN), Datuk Seri Kadzim M Yahya, over an allegedly secretly recorded video uploaded along with a WhatsApp chat between him and a businessman about a RM50,000 loan.

He said that as previously stressed, the video must be authentic and unedited.

"When another video and so on comes out, we will take the video and we will study whether it is authentic or not. Any video or audio that has been edited or modified and so on.

"So, he (Speaker) has not been called yet for now. We need to analyse the evidence and see how true it is. If it needs to be investigated, then we will investigate," he said.

However, Azam once again stressed that edited material would not be accepted as evidence in court.

"For your information, the videos released by (news portal) MalaysiaKini before, eight in total, as I mentioned, were all edited. So, any edited video cannot be used as evidence because this has been decided by the court and confirmed by our forensic division at the MACC.

"Any video or audio that has been edited or modified and so on, go to any court, so far it will not be an acceptable material by the court," he said.

Azam also stressed that the MACC investigation is carried out based on legal guidelines and standard operating procedures (SOPs) that have been set.

"So, if there is a party that can give us more legal guidance, we will consider it. But for now, we are conducting the investigation based on the law and the SOP that has been set.

"I refer this matter to our legal officers stationed at the MACC and also officers who are legally qualified. So, we are fully guided by the law and also the prosecutor's officers in conducting the investigation.

"We do not conduct investigations outside the field of law or based on public perception. We also refer to past cases that have been decided by the High Court, Court of Appeal and Federal Court in conducting the investigation.

Sinar on Monday reported that Kadzim denied receiving the RM350,000 as alleged in the video, besides claiming that he was exposed just like eight Sabah State Assemblymen (ADUN) linked to the corruption scandal involving mineral mining licenses in the state.