Law doesn’t empower MACC, LHDN to go on ‘fishing expeditions’, says Bar

 

Karen Cheah said the MACC and LHDN cannot wantonly ignore the law, by resorting to intimidating tactics that are tantamount to abuse of power.

PETALING JAYA: The laws cited by the Malaysian Anti-Corruption Commission and Inland Revenue Board (LHDN) in its attempted raid on two law firms does not empower the authorities to go on a “fishing expedition”, the Malaysian Bar said.

In a statement, its president Karen Cheah said neither Section 31(1) of the MACC Act nor Section 80 of the Income Tax Act grants either agency power to access “privileged materials and information”.

She added that no provision in either of the two Acts could override Section 126 of the Evidence Act 1950 or privilege at common law.

Section 46(2) of the MACC Act, expressly precludes MACC from demanding the production of privileged information, she said.

“Privilege is absolute and it remains so until and unless expressly waived by the client.

“Acting without a court order and making sweeping demands for privileged information without specifics of illegality, are an affront to Parliament’s will under the Evidence Act 1950.”

While Cheah did not name the law firms, her statement comes days after reports that the law firms of former prime minister Muhyiddin Yassin’s lawyers were allegedly raided earlier this month.

Cheah went on to state that the Federal Court had previously upheld a decision by the High Court and Court of Appeal that there was no credible reason to override a client’s privilege when investigating their lawyer.

“MACC and LHDN cannot wantonly ignore the law and judgments of our superior and apex courts, by resorting to intimidating tactics that are tantamount to abuse of power.”

Cheah said that doing so would expose the authorities to legal consequences. - FMT