MACC should cease all efforts and attempts to subject Mahajoth Singh to an investigation, as he is a lawyer who is merely fulfilling his professional obligation in representing his client, Albert Tei, said Lawyers for Liberty (LFL) co-founder Eric Paulsen.
He said the questioning of Mahajoth amounts to unwarranted harassment, which constitutes a grave intrusion upon the independence of the legal profession and an affront to the fundamental principle of lawyer-client privilege.
“The confidentiality of all communications between a lawyer and his client, within the scope of the professional relationship, is a cornerstone of the administration of justice.
“It is equally well established that lawyers must not be conflated with, or held accountable for, the alleged conduct or causes of their clients,” he said.
Paulsen also urged the anti-graft body to recognise and respect the indispensable role played by lawyers in upholding the rule of law, safeguarding constitutional guarantees, and ensuring the right to legal representation as enshrined in Article 5 of the Federal Constitution.
He further said that lawyers perform an essential constitutional function as officers of the court and that any improper interference with their duties represents not merely an attack on the individual lawyer, but an affront to the dignity of the courts and the administration of justice itself.
Cease intimidation
Paulsen then urged the MACC to adhere to the rule of law and to abandon any vestiges of a “police state” mindset rooted in intimidation and impunity.
“A commitment to human rights, due process, and constitutionalism must guide all enforcement actions if public confidence in the justice system is to be preserved.”
He added that the government also bears an unequivocal obligation to uphold internationally recognised standards governing the legal profession.
This includes Article 16 of the United Nations Basic Principles on the Role of Lawyers (1990), which requires governments to ensure that lawyers are able to perform their professional functions without intimidation or improper interference.
The article also states that lawyers should be free to consult with their clients and that they are not subject to sanctions for actions undertaken in accordance with their professional duties, ethics, and obligations.
Article 18 of the UN’s basic principles also states that lawyers shall not be identified with their clients or their clients’ causes as a consequence of discharging their professional functions, and Article 22 affirms that governments must recognise and respect the confidentiality of all lawyer-client communications.
Called for questioning
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.
“I accepted these fresh notices under strong protest, and I will attend the questioning at MACC headquarters under the same protest.
“I am bound by solicitor-client privilege. This has been explained clearly in my lawyer’s letter (on Sunday), and it is a fundamental principle of Malaysian law and the wider commonwealth.
“I cannot lawfully disclose privileged communications or materials, and it is unfathomable that the MACC appears unable or unwilling to understand this basic legal safeguard,” he said in a statement today.
Heavy-handed raid
MACC raided Tei’s residence in Puchong on Nov 28, where officers in bullet-proof vests and balaclavas arrested the businessperson.
Tei, the central figure in a slew of corruption allegations against prominent Sabah politicians, was seen raising his hands to the camera several times while chanting “lawan tetap lawan” (we fight on) before he was placed inside an unmarked car.
Tei’s wife, Lee Pei Rie, claimed that the MACC officers manhandled her husband and pointed their guns at both the businessperson and her during the raid.
MACC denied the claims, prompting Lee to lodge a police report.
The raid and arrest followed Tei’s recent accusation against Prime Minister Anwar Ibrahim’s former aide, Shamsul Iskandar Akin, whom the businessperson claimed he had spent RM629,000 on after being assured that the PKR man could help recoup money channelled to politicians in Sabah.
Besides funding renovations, appliances, and furnishings for two properties, Tei claimed he had spent thousands of ringgit on premium cigars and tailored suits for Shamsul, who also purportedly requested money from the businessperson while travelling abroad.
Both Shamsul and Tei, as well as a woman accused of being the Malacca PKR chief’s proxy, were arrested on Friday.
Shamsul and Tei have since been remanded for six days. - Mkini
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