MACC asserts legal authority to summon lawyers under Section 30 of MACC Act 2009, rejecting claims of intimidation as baseless
KUALA LUMPUR: The Malaysian Anti-Corruption Commission has affirmed its authority to summon legal practitioners to assist investigations.
Section 30(1) of the MACC Act 2009 empowers the commission to require any individual to appear and produce documents or recordings.
The MACC stated that claims by Lawyers for Liberty regarding an invalid notice issued to lawyer Mahajoth Singh were without legal basis.
“There is no exemption for any legal practitioner, and any assertion to the contrary has no basis in law,” the commission said.
It emphasised that lawyers possessing relevant exhibits have a legal obligation to produce them under Section 30(3) of the MACC Act.
Failure to comply may constitute obstructing a public officer from carrying out investigations.
The commission clarified that lawyer-client privilege protects only confidential legal advice.
This privilege does not exempt lawyers from appearing before investigators or withholding non-privileged materials.
“Therefore, claims of intimidation are baseless,” the MACC stated.
It described the notice as a routine statutory process that doesn’t affect legal representation.
Temporary restrictions on detainee access are governed by Section 28A(8) of the Criminal Procedure Code.
The MACC stated such measures are consistent with law and operational needs in sensitive cases.
It criticised characterising lawful procedures as “lawless actions” as irresponsible and misleading.
“MACC will continue to carry out its role and responsibilities impartially, professionally and fully within the confines of the law,” the commission affirmed.
Lawyers for Liberty director Zaid Malek had earlier claimed the directive to Mahajoth Singh was unlawful intimidation.
The investigation involves Albert Tei Jiann Cheing, arrested on November 28 in Puchong.
Tei has been remanded for six days beginning November 29. – Bernama
