PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) says there are precedents where the suspension of the right to legal representation was allowed during certain investigative procedures if a lawyer's presence could compromise the probe.
In a statement on Friday (Aug 23) the commission said: "The decision in the case of MACC and Ors v Latheefa Beebi Koya and Anor (2017) established that Article 5(3) does not guarantee the right to legal representation during the recording of a witness's statement.
"Furthermore, the court found no legal or constitutional basis for the presence of a lawyer during the recording of statements as the MACC Act 2009 does not provide for such a right," it said.
"In this particular case, the investigating officer believed that the presence of Wira Dani’s lawyer could compromise the investigation.
"The decision to disallow Wira Dani’s lawyer during the statement recording is in line with the decision in the aforementioned case," the statement added.
The commission further said that it does not arbitrarily prevent legal representation and adheres to the law in all its investigative processes.
"The MACC operates within the framework of the Constitution and is committed to respecting the legal rights of individuals involved in ongoing investigations.
"The MACC does not arbitrarily prevent legal representation and consistently adheres to the law in all its investigative processes," it said.
The MACC was responding to allegations made by Wira Dani Abdul Daim's lawyer, Ragesh Nagarajan, that his client was denied legal representation during the statement recording process on Thursday (Aug 22).
Ragesh had also claimed that this denial violated Article 5(3) of the Federal Constitution.
MACC also said that while Article 5(3) of the Federal Constitution guarantees the right to legal representation in criminal proceedings, this right is subject to certain exceptions and limitations.
"For example, in the case of Datuk Hasanah Ab Hamid v MACC and the Government of Malaysia (2019), Judge Nordin Hassan affirmed that the right to legal representation could be temporarily restricted if it interferes with the investigation," it said.
"MACC remains committed to upholding the Constitution and ensuring that its investigative processes are conducted fairly and in accordance with existing legal provisions."
Wira Dani had been summoned by the MACC to help in investigations into his father, former finance minister Tun Daim Zainuddin.
Daim and his wife, Toh Puan Na'imah Khalid have been charged with failing to comply with an MACC notice to declare their assets.
