KUALA LUMPUR (Oct 9): Lawyer Chetan Lachman Jethwani has taken the view that the recent attempt by the Malaysian Anti-Corruption Commission (MACC) and Inland Revenue Board (LHDN) to obtain information is a violation of legal professional privilege, and is unlawful and violates the rule of law.
In a statement on Sunday, he confirmed that his law firm, Chetan Jethwani & Company, was one of the firms that were the subjects of an attempted search and seizure last Friday morning by officers from the MACC and LHDN.
Jethwani said he objected to the attempted search and seizure on the ground that the conduct of the MACC and LHDN officers was unlawful, indiscriminate, and in particular would result in a violation of legal professional privilege.
“In particular, the MACC and LHDN officers had not complied with the applicable legal provisions set out in the MACC Act 2009 and the Income Tax Act 1967.
“The MACC and LHDN officers then left to take further instructions,” he said.
The lawyer said the MACC officers and LHDN officers returned and served an order to produce documents and an order to appear to have a statement recorded at the office of the MACC in Putrajaya at 3pm last Friday.
He said the order to produce documents sought production of a client file which contained information protected by legal professional privilege.
“A formal letter of detailed objections was addressed to and issued to the chief commissioner and other senior officers of the MACC in advance of the statement being recorded.
“I state here unequivocally that no files or documents of any kind were produced or shown to the MACC.
“Furthermore, during the recording of the statement, I asserted the legal professional privilege which was reflected in the recorded statement,” he said.
Jethwani said legal professional privilege is a fundamental right which protects information passing between a solicitor and a client.
He said it allows clients to freely seek legal advice in confidence.
“Legal professional privilege plays a foundational and cornerstone role in the due administration of justice.
“As an advocate and solicitor, I am duty-bound to protect and defend this privilege, and will do so unflinchingly.
“I will not hesitate to take the appropriate legal action against any party that presents a false or misleading impression which may damage my reputation or any of my clients,” he stressed.