RADIO station BFM 89.9, which has sacked two employees following an internal investigation on sexual harassment and rape allegations, should also lodge a police report on the matter, said DAP lawmaker Ramkarpal Singh.

He said the terminations indicated that the culprits are criminally liable.

“This is a very serious matter which must be addressed immediately. BFM must take the necessary steps to reveal the outcomes and evidence gathered from the internal investigations to the police for the necessary action to be taken.

“Failure to do so may amount to the withholding of such evidence on BFM’s part,” the Bukit Gelugor MP said in a statement.

BFM last night announced the terminations of two staff members over sexual harassment claims, following an independent investigation into an anonymous email that was sent to some media organisations recently, which had then gone viral on chat groups.

The radio station also said it had sacked another staff member in 2017 over the rape of a colleague. However, BFM did not pursue the rape with the police as the victim did not want to do so.

Ramkarpal said BFM should disclose its internal investigation reports to the police “for the needful to be done”.

However, workplace ethics, whistleblowing, and harassment trainer Animah Kosai took a different view of Ramkarpal’s position, tweeting that lodging a police report could “backfire” on efforts by companies to take strong action against harassers in the workplace.

“Not all sexual harassment is criminal. Also if victims don’t want to testify, there is no criminal case to prove.

“Rape – yes, it’s a crime. But if the victim chooses not to be named and will not testify, there is nothing the police can do.

“The employers’ motivation is to keep the workplace safe. They can fire without proving beyond reasonable doubt. Unfair dismissal cases only need proof on a balance of probabilities,” said Animah, who is also a lawyer.

She said those calling for the matter to be turned into a criminal case should “think about the impact”, saying it could lead to the underreporting of harassment.

Animah said it would also discourage victims from speaking up and employers from acting against the culprits.

She said Malaysia ultimately needed a sexual harassment law.

“The current criminal system fails sexual harassment victims,” she said. – January 8, 2019.