KUALA LUMPUR: The Malaysian Anti Corruption Commission has dismissed allegations by Lawyers for Liberty that it acted unlawfully in issuing a notice to lawyer Mahajoth Singh.
The commission said the notice was issued under Section 30(1) of the MACC Act 2009.
It said the provision empowers investigators to require any person to attend and produce documents or recordings to assist an investigation.
“We stress that the provision applies equally to all individuals and that there is no legal exemption for members of the legal profession,” it said on Sunday (Nov 30).
“As counsel for the suspect is in possession of exhibits relevant to the investigation, he is legally obligated to produce them when required under Section 30(3),” added the commission.
The MACC said refusal to comply could amount to obstructing a public officer, which is an offence under Malaysian law.
It addressed concerns raised by LFL regarding solicitor-client privilege, saying that it protects confidential legal advice but does not excuse a lawyer from appearing before investigators.
The MACC said the privilege does not shield materials unrelated to legal consultation or prevent inquiries when a lawyer is a material witness.
“The claim that the notice amounted to intimidation is baseless,” it said.
It described the action as part of a routine statutory process that does not interfere with a lawyer’s ability to represent a client.
“Summoning individuals with relevant information is standard investigative procedure,” it said.
Addressing allegations of restricted access to the detainee, the commission referred to Section 28A(8) of the Criminal Procedure Code.
It said any temporary limits are imposed only to protect the integrity of ongoing investigations in sensitive cases.
“Mischaracterising lawful procedures as lawlessness is irresponsible and risks confusing the public,” it said.
The MACC said it will continue to carry out its duties professionally, impartially and within the law.
