MACC rejects Lawyers for Liberty’s ‘intimidation’ claim, says notice to Albert Tei’s lawyer issued lawfully

MACC rejects Lawyers for Liberty’s ‘intimidation’ claim, says notice to Albert Tei’s lawyer issued lawfully

KUALA LUMPUR, Dec 2 — The Malaysian Anti-Corruption Commission (MACC) has dismissed accusations by Lawyers for Liberty (LFL), saying the group misconstrued its decision to issue a notice to lawyer Mahajoth Singh.

According to The Star, MACC said the notice was properly issued under Section 30(1) of the MACC Act 2009, which allows investigators to compel any individual to attend and hand over documents or recordings relevant to an investigation.

“There is no exemption for legal practitioners, and to suggest otherwise is legally unfounded,” the commission said in a statement.

MACC said Mahajoth — who represents suspect Albert Tei Jiann Cheing — is believed to have exhibits required for the probe.

“He is legally obligated to produce them when required under Section 30(3). Refusal to do so may amount to obstructing a public officer from carrying out an investigation,” it said.

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The commission added that while solicitor-client privilege protects confidential legal advice, it does not exempt a lawyer from attending before investigators, shield materials unrelated to legal advice, or block inquiries where the lawyer is a material witness.

MACC also dismissed claims of intimidation, saying the notice was a routine statutory process that did not interfere with Mahajoth’s ability to represent his client.

It said any temporary restriction on access to detainees was in line with Section 28A(8) of the Criminal Procedure Code and operational needs to protect the integrity of investigations.

“Mischaracterising lawful procedures as ‘lawlessness’ is irresponsible and risks confusing the public,” the commission said, adding it would continue to carry out its duties professionally and within the law.

On Sunday, LFL criticised MACC for summoning Mahajoth for questioning in connection with the investigation involving Tei.

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LFL director Zaid Malek, who also represents Tei, called the move extraordinary and unlawful, raising concerns over due process and the integrity of the probe.