PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has refuted allegations by Lawyers for Liberty (LFL), describing the group’s claims over a notice issued to lawyer Mahajoth Singh as misleading and legally inaccurate.
In a statement, MACC said the notice was properly issued under Section 30(1) of the MACC Act 2009, which empowers investigators to require any individual to attend and provide documents or recordings relevant to an investigation.
"There is no exemption for legal practitioners, and to suggest otherwise is legally unfounded," the commission said on Tuesday (Dec 2).
MACC added that Mahajoth, counsel for suspect Albert Tei Jiann Cheing, is believed to be in possession of exhibits needed for the probe.
"He is legally obligated to produce them when required under Section 30(3). Refusal to do so may amount to obstructing a public officer from carrying out an investigation," it said.
The commission stressed that solicitor-client privilege protects confidential legal advice but does not excuse a lawyer from appearing before investigators, shield materials unrelated to legal advice, or prevent inquiries where the lawyer is a material witness.
"The allegation of intimidation is baseless. The notice is a routine statutory process and in no way interferes with the lawyer’s ability to represent his client," MACC said, adding that summoning individuals with relevant information is standard practice.
MACC also noted that any temporary restriction on access to a detainee follows Section 28(A)(8) of the Criminal Procedure Code and operational needs to safeguard the integrity of ongoing investigations.
"Mischaracterising lawful procedures as ‘lawlessness’ is irresponsible and risks confusing the public," it said.
The commission reaffirmed that it will continue to carry out its duties professionally, impartially and within the full scope of the law.
On Sunday (Nov 30), LFL had criticised MACC for issuing a notice summoning Mahajoth for questioning in connection with their ongoing investigation involving Tei. LFL director Zaid Malek, who also represents Tei, said the move was extraordinary and unlawful, claiming it raised concerns about due process and the integrity of the investigation.
