The Malaysian Bar has expressed serious concerns after the MACC summoned a lawyer representing an individual under investigation, saying the move undermines the integrity of legal professional privilege.
In a statement today, Malaysian Bar president Ezri Abdul Wahab described the actions of the anti-graft commission as “deeply troubling”, as they indicate a violation of rights that are essential to the administration of justice.
While not naming any parties, the statement is believed to be referring to Mahajoth Singh, the lawyer representing controversial businessperson Albert Tei.
Mahajoth said in a statement this morning that he would be at the MACC headquarters in Putrajaya at 10am today, after receiving a summons to have his statement taken as per Section 30(1)(a) of the MACC Act 2009 yesterday.
The authorities, he added, had also issued another notice under Section 30(1)(b) of the Act seeking certain documents and handphones allegedly belonging to his client, which he said he does not possess.
“The Malaysian Bar condemns in the strongest terms the recent actions of the MACC, which are in direct violation of Section 46 of the MACC Act 2009,” he said.
The aforementioned statute underlined that lawyers may be asked to provide information for investigations, but any privileged communications with clients remain strictly protected.
According to Ezri, this privilege cannot be superseded simply because an investigation is in progress.
“In light of the clear statutory protections under Section 46 of the MACC Act and the unequivocal stance of the courts, privileged documents and communications must remain beyond the reach of enforcement agencies, including the MACC, unless expressly authorised by the client or pursuant to a specific order from the High Court.
“Privilege cannot be treated as overridden merely because an investigation is underway. Any attempt to circumvent these protections is inconsistent with the clear intent of Parliament, and undermines the rule of law,” Ezri added.
The Bar president noted that this is not the first time the council has taken a stand on the matter, adding that over the past decade, it has consistently emphasised the importance of protecting privileged material through its official circulars.
He reiterated that the Malaysian Bar is prepared to support or take appropriate legal action to preserve the rule of law, protect the integrity of legal representation, and defend the fundamental right to confidential legal counsel.
‘Lawyer has evidence’
The MACC came under scrutiny for allegedly attempting to intimidate Mahajoth by summoning him for questioning on the grounds that he held evidence relevant to the investigation into his client.
The commission claimed that the action is within its authority as stated in Section 30(1) of the MACC Act, which allows it to issue a notice requiring any person to attend and produce documents or recordings necessary to assist an investigation.
Lawyers for Liberty co-founder Eric Paulsen had also criticised the move today, saying that questioning Mahajoth amounts to unwarranted harassment and a violation of the fundamental principle of lawyer-client privilege.
Paulsen urged the anti-graft body to respect the indispensable role played by lawyers in upholding the rule of law and ensuring the right to legal representation as enshrined in Article 5 of the Federal Constitution. - Mkini
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