Kuala lumpur: The Malaysian Anti-Corruption Commission (MACC) has the authority to summon any individual to appear and produce documents or recordings required to assist investigations. In a statement today, the MACC said Section 30(1) of the MACC Act 2009 empowers the enforcement body to do so, including to legal practitioners.
According to BERNAMA News Agency, the commission stated that claims made earlier today by Lawyers for Liberty (LFL) that the notice issued to lawyer Mahajoth Singh in the investigation involving Albert Tei Jiann Cheing was invalid had no basis. The MACC emphasized that there is no exemption for any legal practitioner, and any assertion to the contrary has no basis in law.
The statement elaborated that the lawyer representing the suspect possesses exhibits relevant to the investigation, and he has a legal obligation to produce them when required under Section 30(3) of the MACC Act 2009. The commission mentioned that failure to comply may be deemed as obstructing a public officer from carrying out an investigation, which is an offence under the law, adding that summoning individuals with relevant information is standard investigative procedure.
The MACC clarified that the privilege of lawyer-client communication protects only confidential legal advice. However, it does not exempt a lawyer from appearing before investigating officers, withholding materials or documents unrelated to legal advice, or impeding investigations if the lawyer is a material witness. The commission stated that claims of intimidation are baseless, and the notice is a routine statutory process that does not affect the lawyer’s ability to represent his client.
Additionally, the MACC pointed out that any temporary restriction on access to a detainee is subject to Section 28A(8) of the Criminal Procedure Code and operational needs to preserve the integrity of the investigation. The commission highlighted that this is consistent with the law and not unusual in sensitive cases, warning against mischaracterising lawful procedures as ‘lawless actions’ which may mislead the public.
The MACC reiterated its commitment to carrying out its role and responsibilities impartially, professionally, and fully within the confines of the law. Earlier today, LFL director Zaid Malek claimed that the MACC’s directive for Mahajoth to present himself for questioning was unlawful and constituted intimidation against a lawyer representing his client, Tei. Tei was arrested by the MACC at his home in Puchong and has been remanded for six days beginning yesterday.