Court: Leave lawyers alone

‘MACC can’t record statements from counsel’

KUALA LUMPUR: The Malaysian AntiCorruption Commission has no power to record statements from lawyers accompanying their clients during questioning, the High Court held.

Latheefa Beebi Koya, one of two lawyers who sought to quash MACC’s notices ordering them to record statements over investigations of a high-profile bribery case, said it was “a landmark decision”.

“Now, the lawyers can do their work without fear of any such harassment,” she said.

Yesterday, High Court (Appellate and Special Powers) judge Justice Zaleha Yusof also quashed the MACC notices, dated March 19 last year, that demanded Latheefa and Murnie Hidayah Anuar be present for their statements over the same investigations to be recorded.

Justice Zaleha ruled that the notices were wrong, invalid, could not be enforced and an abuse of power under the MACC Act 2009.

“I do not see any logic ordering applicants (lawyers) to attend (at MACC) on the pretext of investigations when they are merely lawyers attending to their clients,” she said. “How to assist in their investigations?”

Justice Zaleha said the issuance of notices

I do not see any logic ordering applicants (lawyers) to attend (at MACC) on the pretext of investigations when they are merely lawyers attending to their clients. — JUSTICE ZALEHA YUSOF

was clearly intimidation, abuse of the process and an attempt to get privileged information.

Justice Zaleha, however, did not make any order as to costs after lead counsel R. Sivarasa said costs were not applied for in view of the case being a matter of public interest.

Senior Federal Counsel Effandi Nazila Abdullah said he would await the AttorneyGeneral’s instructions over whether to appeal the court ruling.

In their court papers, the two lawyers said they merely appeared for their client Datuk Shamsubahrin Ismail over investigations into a bribery case against National Feedlot Corporation executive chairman Datuk Seri Dr Mohamed Salleh Ismail.