KUALA LUMPUR – The Malaysian Anti-Corruption Commission (MACC) should investigate the complaints of two lawyers the agency allegedly harassed before dismissing their claims, a legal rights group said.
Lawyers for Liberty (LFL) said MACC chief Tan Sri Azam Baki should also respect lawyer-client privilege in the recent probe that involved the detention of one lawyer and investigations into another.
LFL director Zaid Malek said it was bad governance of Azam to have dismissed complaints before finding out the facts.
“This suggests that the MACC is not interested in finding out the truth or the real facts of the matter. This attitude is reminiscent of the Teoh Beng Hock case,” he said in a statement today.
“It is blatantly contrary to good governance for the head of an enforcement body to simply dismiss public complaints without properly enquiring into it. Every public complaint must be fairly and impartially looked into.”
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.
Zaid previously condemned the MACC for allegedly intimidating and harassing the lawyers who were carrying out their duties.
In response, the MACC said the lawyers were involved in a probe into alleged misappropriation of funds collected by a joint management corporation, while citing Section 31 of the MACC Act 2009, which authorises the agency to conduct inspections, searches and seizures.
However, Zaid said MACC officers had asked Lo to disclose documents regarding the case he was handling, which were protected by lawyer-client privilege.
Zaid also alleged that the lawyers were questioned about legal cases they were involved in, noting that embezzlement-related probes were not mentioned.
He stressed that communications between an advocate and clients are privileged and cannot be disclosed to any other party, even to enforcement agencies, under Section 126 of the Evidence Act 1950.
Zaid then urged the federal government to intervene and ensure a proper inquiry would be made regarding allegations against the MACC, while also assuring the public that it would halt any instance of intimidation against lawyers for carrying out duties for their clients.
“It must be ensured that the public is allowed to consult and be represented by any lawyer of their choice,” he said.
“The intimidation and harassment of lawyers in the discharge of their duties is a contravention of this right, and will lead to the compromise and regression of the justice system as a whole.” – June 12, 2024