PUTRAJAYA: The Malaysian Anti Corruption Commission dismissed allegations by the Bar Council that it breached Section 46 of the MACC Act 2009.
MACC chief commissioner Tan Sri Azam Baki said the claims are baseless.
He said the request for a lawyer to appear was made under Sections 30(1) and 30(2) of the Act.
“These provisions empower investigators to require any individual to attend and produce documents relevant to an investigation,” said Azam on Wednesday (Dec 3).
“The law does not exempt lawyers or any other profession from this obligation,” he added.
Azam said that the MACC has never disregarded solicitor-client privilege under the law.
“We did not request information covered by confidential legal advice,” he said.
“We only sought evidence and materials in the individual’s possession that are pertinent to the probe. The legal principle is clear,” added Azam.
“Privilege does not exempt a person from appearing when called by enforcement authorities. It does not shield documents or physical evidence that are not part of legal advice,” he said.
Azam said the commission’s actions are in accordance with the law.
“The lawyer was summoned solely as a witness with relevant information. His professional role or standing remains unaffected. We exercised our investigative powers within the legal framework,” he added.
Previously, Bar Council Criminal Committee co-chair Vivek Sukumaran cautioned the MACC over its enforcement actions.
He said the commission’s press statement overlooks safeguards in the Act.
His remarks follow an order for lawyer Mahajoth Singh to present himself at MACC headquarters.
Mahajoth represents businessman Albert Tei.
He is alleged to have key evidence in his possession.
