Law firm: MACC's conduct violates legal professional privilege

 

A law firm has labelled the conduct of the MACC and Inland Revenue Board (IRB) as unlawful, indiscriminate and in particular would result in a violation of legal professional privilege.

In a media statement, Chetan Lachwan Jethwani, who is of the law firm Chetan Jethwani & Company, said five officers from the MACC and IRB came to his law firm around 9.30am on Friday last week with an order to search the firm to seize documents.

The lawyer said he objected to the attempted search and seizure on the ground that the conduct of the MACC and IRB officers was allegedly unlawful, indiscriminate and in particular would result in a violation of legal professional privilege.

He claimed that the MACC and IRB officers in particular had not complied with the legal provisions in the MACC Act 2009 and the Income Tax Act 1967.

Below is his full press statement:

I refer to recent press reports and social media postings regarding a raid conducted by the MACC and the IRB officers on law firms on Oct 6, 2023.

The press reports and other publications contain misleading, speculative and, in some cases, outright false information. The information contained in the press reports and other publications is largely attributed to anonymous or unnamed sources.

This press release is issued to clarify the position and set the record straight.

I confirm that my law firm, Chetan Jethwani & Company, was one of the firms that was the subject of an attempted search and seizure on the morning of Oct 6, 2023, by officers from the MACC and IRB.

On the morning of Oct 6, 2023, at approximately 9.30am, five officers from the MACC and IRB attended my law firm with an order to search my firm to seize documents.

I objected to the attempted search and seizure on the ground that the conduct of the MACC and IRB officers was unlawful, indiscriminate and in particular would result in a violation of legal professional privilege.

In particular, the MACC and the IRB officers had not complied with the applicable legal provisions set out the in MACC Act 2009 and the Income Tax Act 1967.

The MACC and IRB officers then left to take further instructions.

The MACC and IRB officers returned at 10.45am and served an Order to Produce Documents and an Order to Appear to have a statement recorded at the offices of the MACC at Putrajaya at 3pm on Oct 6, 2023.

The Order to Produce Documents sought the production of a client file which contained information protected by legal professional privilege. A formal letter of detailed objections was addressed to and issued to the chief commissioner and other senior officers of the MACC in advance of the statement being recorded.

I state here unequivocally that no files or documents of any kind were produced or shown to the MACC. Furthermore, during the recording of the statement, I asserted the legal professional privilege which was reflected in the recorded statement.

Legal professional privilege is a fundamental right which protects information passing between a solicitor and a client. It allows clients to freely seek legal advice in confidence.

Legal professional privilege plays a foundational and cornerstone role in the due administration of justice. It is set out in Section 126 of the Evidence Act, 1950 and is recognized as part of the common law principles applicable in Malaysia. It has been repeatedly upheld and enforced by our judicial system.

As an advocate and solicitor, I am duty-bound to protect and defend this privilege and will do so unflinchingly.

The press reporting and other publications on this matter have sought to identify me by reference to other clients of mine who are unconnected to this matter. In this regard, a false and misleading picture has been presented resulting in baseless speculation as to the identity of the client whose privileged materials have been sought.

I take client confidentiality and legal professional privilege seriously. In the circumstances, I will not be disclosing nor commenting on the identity of the subject matter of the privileged material at issue.

I take the view that the attempt by the MACC and IRB to obtain information in violation of legal professional privilege is unlawful and violates the rule of law. I have issued a detailed letter of objection to the Malaysian Bar Council outlining the events that have transpired.

I will not hesitate to take the appropriate legal action against any party that presents a false or misleading impression that may damage my reputation or any of my clients.

CHETAN LACHMAN JETHWANI
OCT 8, 2023 

- Mkini