How will proposed amendments affect witness protection agreements?

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Proposed Amendments Introduce New Grounds for Termination and Enhanced Support for Witness Protection Agreements

Proposed amendments to Malaysia's Witness Protection Act 2009 will introduce new grounds for terminating witness protection agreements, alongside enhanced provisions for the psychological well-being of participants. These changes aim to strengthen the safety, welfare, and overall management of the Witness Protection Programme, as passed by the Dewan Rakyat on July 14.
New Grounds for Termination of Protection

The amendments introduce a specific clause, Section 16(1)(ca), which allows for the termination of a participant's protection if they deliberately breach the terms of their agreement. This expands the existing grounds for termination, which currently include providing false or misleading information or when protection is no longer deemed necessary. The Director-General of the Witness Protection Division of the Prime Minister’s Department (BPJPM) can recommend termination under these new circumstances, with any such procedure needing to adhere to Section 16 of the Act, which mandates giving the participant an opportunity to be heard before a final decision is made.
Refusal of Relocation and Criminal Activity as Grounds for Termination

Participant non-compliance, such as refusing to relocate to safer accommodation or engaging in criminal activities like drug abuse, can now be cited as reasons for potentially terminating their protection. This provision underscores the expectation that participants actively cooperate with the measures designed to ensure their safety and the integrity of the programme. The adherence to the terms of the agreement is thus presented as a critical component of maintaining one's status within the programme.
Introduction of Professional Psychological Support

Beyond the conditions for termination, the proposed amendments also focus on improving the welfare of participants by introducing professional support for their mental health and emotional well-being. This includes provisions for managing trauma, anxiety, stress, and fear, to be delivered by qualified psychologists. This support is explicitly stated as not being intended to coach participants on how to provide testimony in court.
Restructuring of BPJPM for In-House Support

To facilitate comprehensive mental health support, the BPJPM is undergoing restructuring to establish permanent in-house psychologist positions. Currently, counselling services are provided through psychologists from the Attorney General’s Chambers and the Prime Minister’s Department. The creation of dedicated posts is intended to enable more direct, structured, and consistent mental health assistance for programme participants.

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How will proposed amendments affect witness protection agreements?

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