Commission insists notice issued to businessman’s lawyer follows due process
KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) dismissed allegations by Lawyers for Liberty (LFL) that it acted unlawfully in issuing a notice to lawyer Mahajoth Singh regarding an investigation involving his client businessman Albert Tei.
The commission said the notice was issued under Section 30(1) of the MACC Act 2009, which empowers investigators to require any person to attend and produce documents or recordings needed to assist an investigation.
“The provision applies equally to all individuals and there is no legal exemption for members of the legal profession.
“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),” the commission said in a statement yesterday.
The MACC said that refusal to comply could amount to obstructing a public officer, which is an offence under Malaysian law.
The agency also addressed concerns raised by LFL regarding solicitor-client privilege, noting that while the privilege protects confidential legal advice, it does not excuse a lawyer from appearing before investigators, shield materials unrelated to legal consultation, or prevent inquiries when a lawyer is a material witness.
“The claim that the notice amounted to intimidation was baseless,” MACC said, describing the action as part of a routine statutory process that does not interfere with the lawyer’s ability to represent their client.
“Summoning individuals with relevant information is standard investigative procedure,” it added.
Addressing allegations of restricted access to the detainee, the commission said any temporary limits are governed by Section 28A(8) of the Criminal Procedure Code and are imposed only to protect the integrity of ongoing investigations, particularly in sensitive cases.
“Mischaracterising lawful procedures as lawlessness is irresponsible and risks confusing the public,” it said.
MACC reiterated that it will continue to carry out its duties professionally, impartially and within the full scope of the law.
Earlier, LFL director Zaid Malek said Mahajoth, who represents Tei, received the notice at about 9.50pm on Saturday.
“The notice allegedly compels him to appear at the MACC headquarters in Putrajaya at 10am on Sunday,” 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, adding that any attempt to interrogate a lawyer over privileged matters was an attack on the administration of justice and the independence of the legal profession.
On Saturday, the Prime Minister’s former senior political secretary Datuk Seri Shamsul Iskandar Mohd Akin and Tei were remanded for six days to assist investigations into allegations involving attempts to recover money said to have been previously distributed to several Sabah assemblymen.
