Hornbill case: Whistleblowers on the line
A case of allegedly unlawful dismissal case that usually does not attract much attention has caught the eye not only of the media, but the MACC as well, as it focuses on questions of possibly inappropriate practise in a Sarawak gov't-owned firm.
A case of allegedly unlawful dismissal, which usually does not attract much attention, has caught the eye not only of the media, but the Malaysian Anti-Corruption Commission (MACC) as well.
All eyes are now now focused on questions of possibly inappropriate practices in a Sarawak government-owned firm, Hornbill Skyways Sdn Bhd, over its purchase of an aircraft.
The MACC is now monitoring closely the legal battle between Horbill Skyways and its former GM.
Although the hearing grabbed little attention when it began last Wednesday, MACC deputy commission Mohd Sukri Abdull (left) confirmed that the anti-corruption agency is now paying ver close attention to the case.
“I do not want to comment further on the case because it is on trial. However, we are monitoring whatever evidence it produces,” he told Malaysiakini when contacted yesterday.
The former general manager, Mohamed Asharat Ramzan Ali, 48, is claiming unlawful dismissal after working for the company for four months, between March 15 and July 13, 2005.
He is seeking reinstatement without loss of salary, benefits, entitlements or privileges amounting to RM18,200 per month calculated up to the last date of hearing.
Besides Asharat's efforts to seek redress for the alleged violation of his right, the case may also bring up evidence of alleged irregularities in the Sarawak-owned company.
New evidence received
On Wednesday, Shukri had confirmed with theSun newspaper that there was new evidence of allegedly questionable purchases of a Bell helicopter and a Citation X aircraft by the company.
The report quoted sources as saying Hornbill Skyways had ordered the Citation X jet worth over RM70 million in 2005.
The purchase allegedly did not adhere to financial procedures.
The newspaper also said that the anti-corruption agency is also probing claims that the agreement for a bank loan of RM45 million was signed by lower-ranking company personnel.
While two of Hornbill Skyways' witnesses - former director Len Talif Salleh and its present executive chairperson, Aidan Wing - had testified this week that MACC had ended its probe and cleared the firm, theSun’s report suggests otherwise.
On the first day of the hearing, the counsel representing Hornbill Skyways, Prakash Menon, had also applied to bar reporters from attending the cross-examination of the first witness, out of fears that reporters would “sensationalise” the case.
Industrial court chairperson Ahmad Rosle Mohd Sham, however, said he does not have the power to bar reporters as this was an open hearing.
Prakash had also complained on Thursday to Ahmad Rosle about theSun's report on the hearing, but the industrial chairperson said there was no gross intention in the report, and only issued a warning to the press present against inaccurate reporting.
Poser over whistle blower
The case also raises questions on the safety of whistleblowers as Wing had testified on Thursday that he believes Asharat (right) was the party responsible for informing the MACC about the alleged irregularity in the purchase of the two aircrafts now subject to MACC investigations.
The company's lawyer had then posed some questions in regard to the MACC investigations, which are still ongoing.
Prakash: Was there any investigation carried out by the authorities in regard to the acquisition of the Bell helicopter and Citation X aircraft?
Wing: Yes, sometime in April 2009, some officers from MACC carried out investigations into the company's accounts and took some documents for investigation. A few months later, they returned all the documents to us and verbally informed us in April 2010 that there is to be no action and the case is closed.
Prakash: Do you know who instigated MACC into conducting this investigation?
Wing: We were informed that it was the claimant who lodged the complaint.
Asharat and his lawyers, however, have strongly denied that he was the informer during the earlier investigations.
When asked about the dangers faced by whistleblowers coming forward to the MACC if its officers themselves leak such information to the company or person being invesigated, Shukri said he could not comment on the issue.
“However, I know the true story,” he said, without elaborating further.
Despite's Wing's testimony, it is learnt the MACC is investigating the case further.
On Thursday, Wing also told the court that Sarawak Chief Minister Abdul Taib Mahmud (left) had nothing to do with Asharat's expulsion from the company.
The executive chairperson also testified that despite two helicopter crashes in July and September 2004, Hornbill Skyways was not in crisis.
The accidents had resulted in the deaths of a Sarawak assistant minister and a private secretary to a deputy chief minister.
Asharat had contended that he had introduced several measures to help the company after he found out there were what his lawyer Atan Mustaffa Yussof Ahmad termed during cross-examination "questionable practises" within the company.
Hearing will resume Jan 24 and 25 with Asharat expected to take the stand.\
