THE leak of witness statements from investigation papers will deter people from cooperating with the authorities for fear that their confidential data will be compromised, said lawyers.

They warned that if statements given to law enforcement agencies to assist investigations could be leaked, many would start having doubts about coming forward.

There would be no trust left in enforcement agencies and this was why, lawyers said, information must be kept confidential.

Lawyers For Liberty executive director Eric Paulsen said it was “very concerning” that witness statements could be leaked when “few people had access to them”.

“For leaks to come from witness statements, it is extremely concerning. Those who are urged to cooperate with the authorities will have second thoughts, worrying if their information will be leaked.

“Information leaks can expose people to all sorts of dangers,” Paulsen told The Malaysian Insight.

Earlier today, TMI chief executive officer and editor Jahabar Sadiq lodged a police report over the leak of confidential information in his statement to the Malaysian Communications and Multimedia Commission (MCMC) as part of investigations into the news portal.

In his report, Jahabar said he discovered the leak in an article published by website Malaysian Gazette quoting Azwanddin Hamzah of Jaringan Melayu Malaysia, who alleged, among several things, that TMI’s holding company, Inside Media Sdn Bhd, had received foreign funds.

MCMC is investigating TMI following calls by delegates at the recent Umno annual general assembly for the authorities to haul up the 9-month-old news portal for “insulting” the prime minister.

Others had also allege leaks of statements made to investigating agencies. Two weeks ago, Johor property consultant Amir Shariffuddin Abd Raub lodged a police report after alleging that his statement to the Malaysian Anti-Corruption Commission in relation to a graft case, was leaked and uploaded onto a blog.

The leaked 140-page statement, along with a transaction schedule purportedly showing money had been given to Johor Menteri Besar Mohamed Khaled Nordin, went viral but Amir said it was not the same as the one he had given MACC.

Another prominent lawyer Syahredzan Johan, also expressed concern over the leaks.

“I think it’s worrying that such things are being leaked to the public from enforcement authorities. 

“The integrity of an investigation relies on trust placed in the authorities that they will keep whatever that has been told to them confidential until it is used in court,” Shayredzan said.

Paulsen added that to maintain and regain public confidence in law enforcement agencies, complaints of leaked statements must be investigated and the persons responsible must face the music.

He said cases of data being exposed happened from time to time, like the recent data breach involving the user details of some 46.2 million mobile phone numbers in Malaysia.

Investigation papers by the police, MACC and MCMC should be classified under the Official Secrets Act (OSA), Paulsen said.

Paulsen cited a 2002 case where former PKR Youth leader Ezam Mohd Nor was sentenced to two years’ jail by the Petaling Jaya Sessions Court for leaking investigation papers.

TMI has contacted the MCMC and is waiting for a response to the leak allegation.

Another lawyer, Yusmadi Yusoff said there were three issues in the case involving The Malaysian Insight – media freedom, rights over personal data and democracy in the digital world.

“Jahabar has the right to protect his personal information from being violated by irresponsible quarters like JMM.

“A country like Malaysia also needs to respect the rights of TMI, as a credible media organisation, to do its job,” he said.

Yusmadi said in the digital world, the government could not impose tyranny on the media and create distrust in the country’s digital space.

“It is going to impact the trust citizens and others in the world have in our economic practices, politics, culture and security,” he said, adding that the authorities should stop harassing Jahabar and The Malaysian Insight. – December 15, 2017.