Lawyers probed for alleged fund misappropriation: MACC refutes LFL’s harassment claims

Agency clarifies it was acting based on residents’ complaint relating to funds collected for housing management, maintenance by a JMC

8:28 PM MYT

 

KUALA LUMPUR – The Malaysian Anti-Corruption Commission (MACC) has defended its recent investigation into two lawyers, asserting that it had legitimate grounds for the probe. 

In a statement, MACC responded to allegations from Lawyers for Liberty (LFL), which claimed that the investigation was an act of intimidation and harassment against Lai Chee Hoe and Irwin Lo. 

MACC clarified that the lawyers were involved in an investigation concerning the alleged misappropriation of funds collected by a joint management corporation (JMC). 

“We (MACC) have the responsibility as an anti-corruption enforcement agency to clarify the truth.  

“We received a complaint from residents from an area in Damansara around the end of May, claiming funds were collected for their housing management and maintenance by the JMC, which they believe had been misappropriated. 

“Our preliminary investigation found that there are grounds to suspect that such alleged misappropriation (could have happened) based on a report related to legal costs paid by the JMC, which was not fully declared. 

MACC explained that it launched an operation on June 4. The main suspect was arrested and remanded for investigation. 

The commission said that the investigation was conducted under the provisions of the MACC Act 2009, focusing on alleged breaches of trust and not obtaining privileged information from clients. 

“There is no interference with or intent to prevent the public’s right to legal representation, as claimed by LFL,” the statement continued. 

MACC cited Section 31 of the MACC Act 2009, which authorises the agency to conduct inspections, searches, and seizures.  

“Under this section, an MACC officer may enter or break open any premises to search, seize, and take possession of any books, documents, account records, or data, and detain any person found on the premises – when acting based on information that there are reasonable grounds to suspect that an offence under this act has been committed.

“We are of the view that the accusations made by the party being investigated are baseless and seem to be aimed at disrupting the ongoing investigation.  

“As the country’s main anti-corruption enforcement agency, we will not succumb to any effort to obstruct or interfere with investigations in accordance with the prescribed legal process,” said the statement.  

Earlier, LFL director Zaid Malek condemned MACC’s actions against the lawyers as illegal, stressing that lawyers must be free from intimidation while performing their duties. 

The incidents involved lawyer Lai Chee Hoe who was detained at the MACC headquarters in Putrajaya from June 4 to 6, and Irwin Lo who was investigated on June 7. – June 11, 2024 

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