MACC has summoned a lawyer representing businessperson Albert Tei for questioning, an action that a legal activist group slammed as an intimidation tactic.
According to Lawyers for Liberty (LFL) director Zaid Malek, the anti-graft agency served Tei’s legal counsel, Mahajoth Singh, with a notice last night, requiring him to appear at the MACC headquarters in Putrajaya at 10am today.
MACC wanted Mahajoth (above, right) for questioning in its investigation involving Tei, which Zaid said was an “extraordinary and unlawful” action by the agency “that raises serious questions about investigative propriety and respect for the rule of law”.
Condemning the action, he pointed out that MACC is summoning Mahajoth for questioning after denying the counsel access to his client yesterday.
“...(this) demonstrates a lurch towards lawlessness by the MACC.
“Taken together, these actions constitute clear pressure, intimidation, and interference against a lawyer representing his client in a criminal matter.
“A lawyer must be able to advise and represent his client freely and without fear of obstruction or intimidation.
“Summoning counsel into an investigation that intrudes upon confidential solicitor–client communications is a serious violation of Section 126 of the Evidence Act 1950 and Section 46 of the MACC Act 2009, which protect communications between lawyer and client.
“The attempt to haul up Mahajoth for interrogation is tantamount to an attack on the administration of justice and the independence of the legal profession,” Zaid said in a statement.
LFL urged MACC to immediately withdraw its notice to Mahajoth and cease actions that risk undermining the integrity of the legal process.
‘No authority’
The group also demanded an immediate explanation from MACC chief commissioner Azam Baki on the “unlawful attempt to question and intimidate legal counsel for Tei”.
Zaid said MACC’s statutory mandate was to investigate corruption and not to interrogate legal counsel about matters that are within the ambit of legal privilege.
“Such conduct compromises the integrity of the investigative process and violates the core principles of solicitor–client confidentiality, a protection fundamental to the administration of justice.
“No enforcement agency has the authority to compel or even attempt to compel lawyers to disclose matters they are legally and ethically barred from revealing,” said Zaid.
Malaysiakini has reached out to Mahajoth and Azam for comment.
MACC arrested Tei after raiding his residence in Puchong, Selangor, on Friday.
In a statement later, the agency said they also arrested Prime Minister Anwar Ibrahim’s former aide, Shamsul Iskandar Akin, and a woman identified as Sofia Rini Buyong to facilitate investigations into corruption allegations against Shamsul. - Mkini
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