N Surendran says the Penang CM was well within the protection of free speech guaranteed by the constitution, and MACC as a public-funded body cannot take action over defamation.
PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has no legal grounds to take action against Penang Chief Minister Lim Guan Eng over his criticism of the detention of state exco Phee Boon Poh, a lawyer said today.
N Surendran said in giving his opinion on Phee’s detention, Lim had been “well within” the protection of free speech guaranteed by the Federal Constitution.
“Defamation actions are available to private persons, but not to public-funded bodies such as MACC. This is an obvious and basic principle, to ensure transparency and accountability among public-funded bodies,” he said in a statement.
Yesterday, the anti-graft commission said it would take Lim to court after the Penang chief minister refused to apologise over a statement describing Phee’s detention as illegal.
Phee and two others were detained by the commission last month over alleged corruption involving an illegal carbon filter factory in Bukit Mertajam.
On Aug 14, the High Court set aside the remand order against the trio, saying it contravened Section 117 (5) of the Criminal Procedure Code.
Surendran, who is the Padang Serai MP, said MACC’s move to take Lim to court was unconstitutional.
“Even though in its statement the MACC says it respects the right of any quarter to criticise it, its action in this case, from a constitutional standpoint, is to effectively prohibit such criticism.
“It is unconstitutional for the state or public bodies to prohibit criticism of their actions. Doing so would be in breach of Article 10 of the constitution,” he said. -FMT
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