MACC's demand that Albert Tei’s lawyer come in for questioning is unlawful and blatant intimidation

Lawyers For Liberty (LFL) is shocked by the conduct of the Malaysian Anti-Corruption Commission in the ongoing PM’s office scandal investigation involving whistleblower Albert Tei.

At about 21:50 on 29 November, lawyer Mahajoth Singh, who is Tei’s lawyer, was served with a notice ordering him to appear at MACC headquarters in Putrajaya on 30 November at 10:00 for questioning in the MACC investigation involving his own client.

This is an extraordinary and unlawful action by the MACC that raises serious questions about investigative propriety and respect for the rule of law.

The fact that lawyer Mahajoth was denied access to his detained client on 29 November and was then himself summoned for questioning the very next day, demonstrates a lurch towards lawlessness by the MACC.

Taken together, these actions constitute clear pressure, intimidation and interference against a lawyer representing his client in a criminal matter.

A lawyer must be able to advise and represent his client freely and without fear of obstruction or intimidation.

Summoning counsel into an investigation that intrudes upon confidential solicitor–client communications is a serious violation of Section 126 of the Evidence Act 1950 and Section 46 of the MACC Act 2009, which protect communications between lawyer and client.

The attempt to haul up Mahajoth for interrogation is tantamount to an attack on the administration of justice and the independence of the legal profession.

The MACC’s statutory mandate is to investigate corruption. It is not to interrogate counsel about matters that fall squarely within the ambit of legal privilege.

Such conduct compromises the integrity of the investigative process and violates the core principles of solicitor–client confidentiality, a protection fundamental to the administration of justice.

No enforcement agency has the authority to compel – or even attempt to compel – lawyers to disclose matters they are legally and ethically barred from revealing.

Investigative powers must always be exercised with restraint, professionalism and due regard for the rights of both accused persons and their legal representatives. If lawyers can be summoned, questioned and denied access to their own clients without clear justification, then the fundamental protections afforded to everyone in Malaysia are placed in jeopardy.

The LFL therefore calls upon the MACC to immediately withdraw the notice issued to lawyer Mahajoth Singh and to cease actions that risk undermining the integrity of the legal process. It also demands an immediate explanation from MACC Chief Azam Baki for this unlawful attempt to question and intimidate legal counsel for Tei. – LFL

Zaid Malek is the director of Lawyers For Liberty.