Businessperson Albert Tei’s lawyer, Mahajoth Singh, has failed to obtain leave to challenge the MACC notices requiring him to appear for questioning and produce documents as well as a handphone.
Kuala Lumpur High Court judge Alice Loke dismissed Mahajoth’s leave application this morning after finding his contentions against the notices could not stand.
She also held that matters involving investigative processes are not amenable to judicial review.
“As to the point of bad faith (allegedly) demonstrated because the (notices) issuance was in contravention of the law, I do not find it to be established.
“For these reasons, I do not find that an argument has been made for leave to be given (and) for that reason, I am dismissing the application,” she said.
Loke also rejected an application by the Bar Council to intervene in the matter and made no order as to costs.
Mahajoth (above) was represented by lawyers N Surendran and Rajesh Nagarajan, while senior federal counsel Krishna Priya Venugoppal appeared for the government.
Mahajoth had filed his application on Dec 9 last year, in seeking a certiorari order to quash the notices issued on Nov 29 and 30, as well as to postpone any legal action by MACC against him pursuant to Section 30(1)(a) and Section 30(1)(b) of the MACC Act 2009.
The notice under Section 30(1)(a) required Mahajoth to attend MACC’s headquarters, while the notice under Section 30(1)(b) compelled him to produce documents and a handphone.
The lawyer also sought the court’s order to temporarily postpone any MACC action against him under the two provisions and Section 48, which deals with obstructing investigations and searches.
Lawyer-client privilege
In his supporting affidavit, Mahajoth argued that the notices contravened the lawyer-client privilege, which is protected under Section 126 of the Evidence Act 1950 and Section 46(2) of the MACC Act.
MACC chief commissioner Azam Baki said on Dec 3 that Mahajoth was perceived as a witness who could assist the graft busters’ investigation into Tei, and that they have opened an investigation against the lawyer over his refusal to cooperate.
Mahajoth’s client, Tei, was charged late last year with giving bribes to Prime Minister Anwar Ibrahim’s former senior political aide Shamsul Iskandar Akin, who was also charged with receiving bribes from Tei.
Both of them had separately pleaded not guilty. - Mkini
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