PETALING JAYA: A lawyer, from whose law firm documents are being sought in an investigation into a settlement agreement entered between Goldman Sachs and the government over 1MDB’s controversial US$6.5 billion bond issue, has described the probe as false and without basis.
Chetan Jethwani said the Malaysian Anti-Corruption Commission (MACC) officers had abused their power to create an impression of wrongdoing purely in order to secure an unfair advantage against his client as well as to smear and damage his reputation.
In an affidavit filed in reply to a suit brought by MACC, the lawyer said the motion filed by the anti-graft agency was also defective as it was not brought by the public prosecutor, in whom the power to search and seize under Section 31(1) of the MACC Act 2009 is vested.
The MACC filed a similar lawsuit last week in the High Court to compel lawyer Rosli Dahlan and his law firm, Rosli Dahlan Saravana Partnership (RDS), to provide documents for investigation purposes.
MACC said both lawyers refused to allow its officers to conduct a search for documents during visits conducted on Oct 6.
It said the lawyers had taken the stand that the documents were privileged communication between client and solicitor.
They also claimed that MACC must obtain an order from the High Court under Section 46(2) of the MACC Act, read together with Section 126(1) of the Evidence Act, to compel disclosure.
However, MACC denies the applicability of the provisions in the circumstances of the case.
In his affidavit, Chetan also described statements in an affidavit affirmed by MACC officer Sabri Latif as false for insinuating that he is suspected of being involved in gratification and money laundering.
He said two senior MACC officers who came to his office on Oct 6 informed him that only his assistance was required in the ongoing investigation.
“Further, the MACC recorded my statement under Section 30 of the MACC Act which is consistent with securing evidence from a person who can assist in the investigation,” Chetan added.
The lawyer urged the court to dismiss MACC’s suit against him on grounds that it is void, unlawful and has no force or effect.
He said the reliefs sought were too wide and indiscriminate, and the MACC had not exhausted all available means to secure the information it needs without having to breach solicitor-client privilege.
Chetan said Sabri’s affidavit on what transpired at his office on Oct 6 was also designed to give the impression that he was uncooperative and unreasonable.
He said that during the meeting, an MACC officer disclosed that they only wanted information on Goldman Sachs.
“Upon hearing this, I was immediately alarmed as this client is presently in dispute with the government of Malaysia and 1MDB, ” he said.
The lawyer said the dispute between the government, 1MDB and Goldman Sachs in relation to a global settlement is ongoing and this is of public knowledge.
Sabri said the agency’s investigations were linked to a settlement entered between the government and Goldman Sachs on the 1MDB issue.
He said RDS was appointed legal adviser to 1MDB and was involved in negotiations which led to the purported settlement agreement inked with Goldman Sachs on Aug 18, 2020.
He also said Chetan Jethwani & Co were the solicitors for Goldman Sachs.
Last week, Bloomberg reported that the New York-based investment bank was suing the government in a UK arbitration court following “festering disagreement” over a settlement entered when former prime minister Muhyiddin Yassin was in power to resolve 1MDB’s US$6.5 billion bond saga.
Meanwhile, deputy public prosecutor Law Chin How told Justice Jamil Hussin during a mention of the suit against Chetan today that he would like the matter heard together with Rosli’s before Justice K Muniandy.
Jamil directed Law to file a formal application and fixed Nov 9 to hear the matter.
Chetan appeared in person to represent himself and his legal firm.
Law told FMT the MACC wanted both suits to be heard by the same judge to avoid the possibility of conflicting rulings. - FMT
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