KUALA LUMPUR: An investigator, who did not seek any explanation from the chief executive officer she was probing for alleged misconduct, denied that her report was one-sided.

Zarina Hamzah, 53, who was seconded from the Federal Territories Islamic Religious Council to Institut Profesional Baitulmal Sdn Bhd, told the High Court she need not do so.

"In my opinion, it is not for me to inquire from a person who is being investigated (for misconduct)," she said when questioned by the CEO's lawyer Amer Hamzah Arshad.

The CEO of Institut Profesional Baitulmal Sdn Bhd (IPB) – Dr Syed Omar Syed Agil, 56 – is seeking protection as a whistleblower for allegedly exposing the financial improprieties of his colleagues.

Dr Syed Omar was appointed CEO on Sept 1, 2014 but suspended on Oct 7 last year.

He is seeking an injunction to restrain the company, which runs the private college and which is 70% owned by the council, from continuing an internal probe against him and suspending him, on the grounds that he is a whistleblower.

Zarina was being cross-examined over her affidavit evidence on her investigation procedure.

When Amer Hamzah contended that her report was “one-sided”, Zarina disagreed, saying it was for the CEO to give his explanation in his reply to a show cause letter.

She said she prepared a report on her investigations on Aug 25 last year.

She agreed that she did not record any statement from anyone for her probe but had based her report on documents and a police report from a student against the CEO.

To a question, Zarina said the company chairman, Datuk Ismail Ibrahim, directed her through a letter dated Aug 3 last year to investigate the CEO.

Re-examined by the company's lead counsel Fakhrul Azman Abu Hassan on why she did not get explanations from the CEO, Zarina said she felt it was inappropriate for her to interview him. At the outset, Ismail testified that he had nothing "personal" against the CEO and had no intention of victimising him.

He also said that he instructed Zarina to investigate the case after receiving emails alleging “unethical” behaviour on the part of Dr Syed Omar. However, he said he did not receive any negative feedback from the council's internal audit of IPB’s financial statements as majority shareholder. High Court judge Justice John Louis O'Hara set April 13 for case management.

Dr Syed Omar is seeking damages or compensation, costs and any other relief the court deems fit, including those provided under the Whistleblower Protection Act.

He said he had acted as a whistleblower in his disclosure of alleged improper conduct to the Malaysian Anti-Corruption Commission and the police last year, hence he should be given protection under the Act.

Resource : The Star