Lawyers for Liberty (LFL) has criticised the MACC for not allowing lawyers to be present during the interrogation of suspects.
Its director Zaid Malek (above) said they have received several complaints about the denial of legal representation by MACC to those it has summoned for questioning.
According to the complainants, the lawyers were told that they themselves would have to give a statement if they insisted on accompanying their clients during questioning.
“This is clearly a bad faith attempt by the authorities to drag the lawyers in as part of the investigation.
“MACC officers have had the effrontery to tell lawyers/suspects that it would create a ‘conflict of interests’ which would render lawyers unable to further represent their client in the case,” said Zaid in a statement today.
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According to him, the right to legal representation or lawyers protected under Article 5 of the Federal Constitution is violated by this act of intimidation.
“The right to counsel is a sacrosanct principle of a fair and judicious criminal justice system. Its violation poses a threat to all Malaysians and must not be taken lightly.”
Article 5(1) states that "No person shall be deprived of his life or personal liberty save in accordance with law."
Zaid claimed that MACC practices double standards to bar legal representation for those called especially politicians.
“Former prime ministers Najib Abdul Razak and Muhyiddin Yassin were reported to have had their lawyers with them when their statements were recorded,” he said.
Zaid emphasised that lawyers only act as consoles for their clients when the statements are recorded and should not be intimidated by the possibility of a MACC investigation.
He also urged the government to ensure that MACC upholds the law and the right of the suspects and witnesses to legal representation.
“The right to legal counsel, being a constitutional right, must not be allowed to be disregarded by enforcement authorities like the MACC to the detriment of members of the public,” said Zaid. - Mkini
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