PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) today clarified that the suspension of legal representation rights against Wira Dani Abdul Daim during the recording of his statement as a witness was done based on the law.
The MACC in a statement said the action was taken because the commission’s investigating officer believed that the presence of a lawyer for Wira Dani could affect the investigation.
According to MACC, Wira Dani was summoned to the MACC Putrajaya headquarters under Section 30(1) of the MACC Act 2009 to testify as a witness in the ongoing investigation yesterday.
MACC said there was a precedent case decision that allowed the temporary suspension of legal representative rights during certain investigation procedures such as in the decision of the MACC & Ors v Latheefa Beebi Koya & Anor (2017) 5 MLJ 349, which stipulates that Article 5(3) The Federal Constitution does not guarantee the rights of legal representatives during the recording of witness statements.
“In fact, the court found that there is no legal or constitutional basis for the presence of a lawyer during the recording of evidence because the MACC Act 2009 does not provide for that right,” said the statement.
According to MACC, although Article 5(3) of the Federal Constitution guarantees the right to legal representation in criminal proceedings, it is subject to certain exceptions and limitations.
The MACC cited the example of the case of Datuk Hasanah Ab Hamid v MACC and the Government of Malaysia (2019) 10 CLJ 191, where Judge Datuk Nordin Hassan asserted that the right to legal counsel could be temporarily restricted if it interfered with the investigation.
Therefore, the MACC stressed that it was carrying out its functions and tasks within the framework of the Federal Constitution and was committed to respecting the legal rights of individuals involved in the cases being investigated.
“The MACC does not act arbitrarily to hinder legal representatives and always complies with the law in all its investigation processes,” read the statement.
Earlier, the lawyer for Wira Dani, Rajesh Nagarajan, claimed that his client was denied the right to be represented by counsel when recording a statement to help the investigation in a case involving his father, former minister of finance Tun Daim Zainuddin.
On Jan 29, Daim was charged in the Kuala Lumpur Sessions Court on charges of failing to comply with a notice to declare his assets involving one bank account, seven luxury vehicles, 38 companies and 25 properties in accordance with Section 36(2) of the MACC Act 2009.
