KUALA LUMPUR: Lawyers for Liberty (LFL) has criticised the Malaysian Anti-Corruption Commission (MACC) for issuing a notice summoning lawyer Mahajoth Singh for questioning in connection with their ongoing investigation involving businessman Albert Tei.
LFL director Zaid Malek said Mahajoth, who represents Tei, received the notice around 9.50pm on Saturday (Nov 29).
"The notice allegedly compels him to appear at the MACC headquarters in Putrajaya at 10am on Sunday (Nov 30)," he said in a statement.
Zaid, who also represents Tei, said the move was extraordinary and unlawful, claiming it raised concerns about due process and the integrity of the investigation.
He argued that compelling a lawyer to be questioned in an investigation involving his own client intrudes on solicitor–client privilege protected under Section 126 of the Evidence Act 1950 and Section 46 of the MACC Act 2009.
Zaid said lawyers must be free to advise their clients without fear of obstruction, and that any attempt to interrogate counsel over privileged matters was an attack on the administration of justice and the independence of the legal profession.
He added that investigative agencies had no authority to compel lawyers to reveal information they are legally bound to keep confidential.
“Investigative powers must be exercised with restraint and due regard for the rights of both the accused and their legal representatives.
"If lawyers can be summoned or denied access to their clients without clear justification, the fundamental protections for all Malaysians are put at risk,” he said.
Zaid called on the MACC to withdraw the notice issued to Mahajoth and to explain the decision.
