KUALA LUMPUR: The High Court here has dismissed a leave application by lawyer Mahajoth Singh who is seeking to challenge two orders linked to his client Albert Tei that were issued to him by the Malaysian Anti-Corruption Commission (MACC).
Justice Alice Loke Yee Ching, in her brief decision on Friday (Jan 30), said that the law was clear and settled that matters pertaining to investigative functions of the enforcement authorities were not amenable to judicial review.
She also said that the applicant had failed to establish his argument on allegations of bad faith.
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"As to the point that bad faith is demonstrated, because the issuance was in contravention of the law, I do not find it to be established.
"For these reasons, I am dismissing the application for leave," she said.
The court did not make an order as to costs.
Mahajoth, in his leave application, had sought an order of certiorari to quash the notices requiring him to attend questioning and to produce documents under Sections 30(1)(a) and 30(1)(b) of the MACC Act 2009 dated Nov 29 and 30 last year.
He sought an interim stay order from the High Court to restrain the MACC from enforcing the orders or taking any further action against him pending the full disposal of his judicial review application.
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In court documents, Mahajoth stated he received the notices after Tei was detained by the MACC on Nov 28 and taken to the commission's headquarters in Putrajaya, allegedly without any reasonable explanation.
Meanwhile, Mahajoth's lawyer N. Surendran told the press that they would be filing an appeal soon.
In December, Tei was charged in court for graft alongside former senior political secretary to the prime minister, Datuk Seri Shamsul Iskandar Mohd Akin.
