PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has dismissed an allegation by lawyer Chetan Jethwani that its investigations into a settlement agreement entered between Goldman Sachs and the government over 1MDB’s controversial US$6.5 billion bond issue is an abuse of power.
Investigating officer Sabri Latif said the anti-graft agency is also not acting unfairly towards Chetan’s client, Goldman Sachs.
In an affidavit in reply filed in response to Chetan’s claim, Sabri denied that the investigation was aimed at damaging the lawyer’s reputation.
“The burden is on him to prove his allegations,” he said in a court filing sighted by FMT.
Sabri also dismissed Chetan’s claim that a notice of motion filed against the lawyer and his legal firm, Chetan & Co, in the High Court last month was procedurally defective.
“Deputy public prosecutors will submit on that matter before a judge in an oral proceeding later,” he said.
Sabri said any senior MACC officer could conduct a search and seizure at premises that were the subject matter of a probe.
He also said whether Chetan is a suspect or a witness could only be determined after the ongoing investigation is completed.
Sabri denied that an Oct 6 visit to Chetan & Co was a “fishing expedition” to obtain information, saying it was conducted to obtain documents pursuant to the investigation.
“MACC has just started its investigation and the documents are needed to complete our probe,” he added.
On Oct 11, MACC filed two motions, one against Chetan and his legal firm, and another against lawyer Rosli Dahlan and his law firm, Rosli Dahlan Saravana Partnership (RDS).
The anti-graft agency wanted both law firms to provide documents in connection with an investigation into the settlement agreement entered between Goldman Sachs and the government over 1MDB’s US$6.5 billion bond issue.
MACC said both lawyers refused to allow its officers to 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.
Chetan, in his reply, has described MACC’s probe as false and without basis.
He said MACC officers had abused their power to create an impression of wrongdoing purely to secure an unfair advantage against his client as well as to smear and damage his reputation.
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.
Sabri 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 month, Bloomberg reported that the New York-based investment bank was suing the government in a UK arbitration court following a “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. - FMT
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