MACC notice to lawyers an abuse of power, says court

The Kuala Lumpur High Court today quashed a notice by the Malaysian Anti-Corruption Commission (MACC) requiring two lawyers to have their statements recorded over the National Feedlot Corporation (NFC) case.

Justice Zaleha Yusof, in granting the judicial review filed by Latheefa Koya and Murnie Hidayah Anuar, said the notice issued to the duo was an abuse of power.

“It is invalid and could not be enforced. Hence, the notice is quashed,” she ruled, according to The Star Online.

Latheefa and Murnie Hidayah, in their application, had named the MACC, the government and MACC assistant superintendent Suziana Ali as respondents.

They contended that the notice, dated March 19, 2012, requiring them to be present at the MACC headquarters in Putrajaya on March 23 to assist in investigations involving NFC executive chairperson Mohamad Salleh Ismail (above right, in photo) was void and contravened provisions under Section 5(2) of the federal constitution, regarding liberty of a person.

The two were representing former NFC consultant Shamsubahrin Ismail and claimed they were served the notice on the same day after accompanying their client to the MACC office to give his statement regarding Mohamad Salleh's case.

Failure to abide by the notice is an offence under Section 48(c) of the MACC Act 2009, and punishable under Section 69 of the same Act, which carries a maximum RM10,000 fine or two years' jail or both, upon conviction.

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