The Malaysian Insider
KUALA LUMPUR | Jan 30, 2013
The Malaysian Anti-Corruption Commission (MACC) had abused its power when it summoned last year two lawyers accompanying their client ― a former consultant to the scandal-riddled National Feedlot Centre (NFC) project ― to aid graft investigations, the High Court ruled today.
High Court judge Zaleha Yusof ruled the MACC was wrong to issue a notice ordering lawyers Latheefa Koya and Murnie Hidayah Anuar to testify as witnesses when they had accompanied their client, Datuk Shamsubahrin Ismail, to the anti-graft authority’s headquarters in mid March last year.
She also cancelled the MACC’s notice to the two lawyers dated March 19, 2012.
Latheefa and Murnie Hidayah had accused the MACC of trying to intimidate them from executing their legal duty and had challenged the anti-graft body’s notice as having contravened provisions under Article 5(2) of the Federal Constitution.
The judge also cancelled the MACC’s notice dated March 19, 2012, and declared the agency has no powers to interrogate lawyers when they are in attendance with their clients when the latter are being questioned, Latheefa told The Malaysian Insider when contacted.
Failure to follow the notice is an offence under Section 48© of the MACC Act 2009 and punishable under Section 69 of the same law, which carries a maximum RM10,000 fine or two years’ jail or both, upon conviction.
Latheefa and Murnie Hidayah had accused the MACC of trying to intimidate them when they were carrying out their professional duty and had challenged in court the anti-graft body’s notice as going against Article 5(2) of the Federal Constitution, which provides for the right for legal representation under the law.
“It is a landmark ruling,” said Latheefa, who was in court for the judgment, and explained that lawyers no longer had to fear harassment by law enforcers while discharging their professional duty to provide legal representation for their clients.
She said she was pleased the court agreed with her view as well, and added that it help reinforce fundamental liberties enshrined in the constitution.
“If going by that declaration, it should apply across the board to include the police as well,” she told The Malaysian Insider when asked the significance of today’s judgment.
She said law enforcers had a tendency to go after lawyers who were in attendence with clients while having their statements recorded, an act she described as a “form of harassment for lawyers”.
She related that many people who had been hauled up by enforcement agencies for questioning often had their statements recorded without the benefit of a lawyer’s counsel, which was necessary to avoid the risk of power abuse.
Latheefa cited as example the 2009 death of Teoh Beng Hock, an aide to a Selangor DAP state lawmaker, who had been subjected to a marathon question session overnight by the MACC investigating claims his boss had misused public funds.
“Lawyers are not there to interfere with the questioning, but to make sure their clients are all right,” she said.
This is nothing new and not to be unexpected from the lackeys of the scumbags and parasites of Umno, the MACC ! It is only further proof of what MACC is doing along , acting on instructions of the present watchdogs. The only way out of all these shambles is kick the morons out of Putrajaya in this coming GE !
Will the MACC ever learn? Have they woken up after repeated cases of embarassing mis-steps like TBH, Sarbani, Rosli Dahlan-Ramli Yusof? Strongly hope that the MACC change its MO, SOP and most importantly, some of its scandal proned personnel.