LEGAL PRACTITIONERS CAN BE SUMMONED TO ASSIST INVESTIGATIONS, SAYS MACC

KUALA LUMPUR, Nov 30 (Bernama) -- The Malaysian Anti-Corruption Commission (MACC) has the authority to summon any individual to appear and produce documents or recordings required to assist investigations.

In a statement today, the MACC said Section 30(1) of the MACC Act 2009 empowers the enforcement body to do so, including to legal practitioners.

The commission said claims made earlier today by Lawyers for Liberty (LFL) that the notice issued to lawyer Mahajoth Singh in the investigation involving Albert Tei Jiann Cheing was invalid had no basis.

“There is no exemption for any legal practitioner, and any assertion to the contrary has no basis in law.

“Given that the lawyer representing the suspect has exhibits relevant to the investigation, he has a legal obligation to produce them when required under Section 30(3) of the MACC Act 2009,” the commission said.

MACC said failure to comply may be deemed as obstructing a public officer from carrying out an investigation, which is an offence under the law, adding that summoning individuals with relevant information is standard investigative procedure.

The commission stressed that the privilege of lawyer-client communication protects only confidential legal advice.

However, it does not exempt a lawyer from appearing before investigating officers, withholding materials or documents unrelated to legal advice, or impeding investigations if the lawyer is a material witness.

“Therefore, claims of intimidation are baseless. The notice is a routine statutory process and does not in any way affect the lawyer’s ability to represent his client,” it said.

The MACC also said that any temporary restriction on access to a detainee is subject to Section 28A(8) of the Criminal Procedure Code and operational needs to preserve the integrity of the investigation.

“This is consistent with the law and not unusual in sensitive cases. Mischaracterising lawful procedures as ‘lawless actions’ is irresponsible and may mislead the public.”

“MACC will continue to carry out its role and responsibilities impartially, professionally and fully within the confines of the law,” it said.

Earlier today, LFL director Zaid Malek claimed that the MACC’s directive for Mahajoth to present himself for questioning was unlawful and constituted intimidation against a lawyer representing his client, Tei. 

Tei was arrested by the MACC at his home in Puchong, near here on Nov 28 and has been remanded for six days beginning yesterday.

-- BERNAMA