MALAYSIAN WITNESS PROTECTION PROGRAM BY ACP DR. RAJA AHMAD PUAD RAJA ABDUL RAHMAN DIRECTOR OF OPERATION BAHAGIAN PERLINDUNGAN SAKSI (WITNESS PROTECTION DIVISION) PRIME MINISTER’S OFFICE OF MALAYSIA

Outline Introduction The Malaysian legal framework The Malaysian Administrative Framework The scope of the Witness Protection Act 2009 The type of protection The pitfall of witness protection program The way forward

Introduction The objective of a witness protection program is to provide assistance and protection to witnesses to participate in the criminal investigation and prosecution. It is also to encourage a whistle-blower to give information to the authorities without fear of intimidation or retaliation. Protection of witnesses includes physical and psychological protection at the three stages of a criminal proceeding - before, during, and after the trial.

2. The Malaysian legal framework The Witness Protection Act 2009 is the governing legislation on witness protection. The law comes into operation on 15 April 2010. The law provides protection to witnesses in criminal proceedings: Witness Protection Act, 2009 provides the criteria for admission into the witness protection program based on the ‘the seriousness of the offence to which the evidence or statement of the witness relates,' as well as ‘the nature and importance of the evidence or statement of the witness.' Anti-Money Laundering and Anti-Terrorism Financing Act 2001 - protection from the civil, criminal, and disciplinary action being taken against them. However, they do not receive physical and property protection. Anti-Trafficking In Persons And Anti-smuggling Of Migrants Act 2007 is silent on the protection accorded to the victim and witnesses. Security Offences (Special Measures) Act 2012 provides special procedures relating to protected witness – to conceal the identity of the witness.

3. The Malaysian Administrative Framework  The agency enforcing the Witness Protection Act 2009 is Bahagian Perlindungan (Witness Protection Division), under the Prime Minister Office. Administratively, the agency is headed by a Director General, who oversee two divisions of the agency, namely enforcement/operation and administration. Officers from The Royal Malaysian Police and the Malaysian Anti-Corruption Commission are seconded to the agency to deal with the enforcement of witness protection program. Administration and Diplomatic Officers, as well as administrative staff, are in charge of the administrative section of the agency.

4. The scope of the Witness Protection Act 2009 Selection of witnesses into the program The Director-General in deciding whether to recommend that a witness is to be included in the Programme based on numerous criterion. The main consideration will be to evaluate the nature of perceived danger to the witness and the importance and value of evidence that can be given by the witness to the authorities. The process of inclusion in the Programme  Every recommendation by the Director General for a witness to be included in the Programme shall be made to the Attorney General. The Attorney General, then, shall decide whether or not to include the person in the witness protection programme. Termination of protection and assistance The Director-General may recommend to the Attorney General that the protection and assistance provided to a participant in the Programme be terminated by the Attorney General.

5. The type of protection There is a broad scope of protection including physical, psychological & financial assistance: Physical in the form of the safety of the witness by providing accommodation and relocating the participant. It may also include giving the witness a new identity. Financial assistance is in the form of remuneration that the participant was receiving before being included in the Witness Protection or payments to the participant for the purpose of meeting the reasonable living expenses of the participant (his family) and other reasonable financial assistance. Welfare in the form of providing assistance to the participant in obtaining employment or access to education or another assistance to the participant becomes self-supporting. Medical & Psychological – counselling and medical care.

6. The pitfall of witness protection program Foreign witness Relocation of witness Died in the custody Civil claim by the witness

7. The way forward Cross-border cooperation Malaysia has the legal basis to render or request assistance in identifying and locating witnesses, as well as arranging for witnesses to testify in ASEAN member states, in the Mutual Assistance in Criminal Matters Act 2002 (Act 621); Mutual Assistance in Criminal Matters Regulations 2003 [P.U. (A) 194] However, there is no cross-border protection scheme in the Witness Protection Act 2009. The Act is silent on the applicability of the witness protection scheme to foreign witnesses in Malaysia, and the relocation of witnesses to foreign countries or country of origin. Malaysia also has no arrangement on the cross-border protection of witnesses with other ASEAN countries.

7. The way forward We would like to convey our desire to develop and enhance cooperation in witness protection between Malaysia and other countries. We do hope to discuss the possibility to conclude MoU with all member countries on witness protection program.

Thank you