Former minister Khairy Jamaluddin said that former health minister Dr Zaliha Mustafa may have committed a crime if she had rejected a bribe but failed to report it.
In a story on Instagram, Khairy shared a screenshot of a CodeBlue report which cited G Sivamalar, an aide to Zaliha when she served as the health minister, as saying that the politician had turned down an RM50 million bribe to scrap the generational endgame (GEG) law on tobacco and vape.
The next screenshot Khairy shared was of the artificial intelligence tool ChatGPT’s breakdown as to whether Zaliha’s silence over the attempted bribery constituted a crime.
It said that a public officer who has failed to report a bribe attempt could be “exposed to liability” under Section 25(3) of an unnamed act, which imposes a duty to report bribery.
“Lawyers may want to weigh in on this,” Khairy said in the post’s caption.
According to checks by Malaysiakini, Section 25(3) of the MACC Act 2009 states that any person who has become party to a bribe or an attempt to bribe must report the incident and its details to the nearest MACC or police officer.
Section 25(4) of the same Act states that failure to comply with Section 25(3) is an offence and can be punished with a fine of up to RM10,000, a prison sentence of not more than two years, or both.
However, it is unclear if the provisions extend to witnesses.
Contradictory statement
On Dec 18, Sivamalar had, in a column for Malaysia Gazette, praised Zaliha’s “silent bravery” in making the right choices despite potential negative consequences.
“When faced with tobacco companies and big corporate interests, she did not budge.
“She was once offered RM50 million to drop the GEG policy. She refused without hesitation and asked them to leave.
“I was there. I witnessed it myself,” Sivamalar said.
According to CodeBlue, neither Sivamalar nor Zaliha lodged any reports to the MACC.
“We didn’t want to waste time. We were just focusing on what we were supposed to do,” Sivamalar told the health news portal.
The former aide also contradicted her column in her responses to the portal.
When questioned over the location and date of the bribe attempt, Sivamalar claimed that it had happened over two years ago.
“Can’t remember. Definitely not in person,” she said, despite her earlier assertion that she had witnessed the incident.
When pressed on the contradiction, she said, “Can’t remember exactly the details. Already two years.”
She also claimed that there were many bribe offers made through intermediaries and random calls.
The GEG was introduced during Khairy’s term as health minister in 2022. It aimed to make it illegal for those born after 2007 to buy or consume nicotine products.
But the Health Ministry, under Zaliha’s leadership, dropped GEG provisions from the revised Control of Smoking Products for Public Health Bill, which was tabled in November 2023. - Mkini
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