KUALA LUMPUR (Aug 23): Lawyer Rajesh Nagarajan has rebuked the Malaysian Anti-Corruption Commission (MACC) for denying his client, Wira Dani Abdul Daim, the right to legal representation and for threatening him with arrest when he was called to the MACC headquarters in Putrajaya for questioning.
Wira Dani was called to the MACC headquarters on Thursday, Aug 22, as part of an ongoing probe against his father, former finance minister Tun Daim Zainuddin, who was charged in court this year for failure to declare assets to the commission.
In a statement to the media, Rajesh said that the MACC had blocked Wira Dani’s lawyer from accompanying him for questioning by MACC officers.
“Despite repeated requests, MACC officers blocked Wira Dani’s lawyer from accompanying him for the questioning. Under the law, every person is entitled to legal representation,” Rajesh said.
He said that this was a flagrant breach of Article 5(3) of the Federal Constitution.
“The denial of the right to legal advice and representation was in flagrant breach of the constitutional rights of Wira Dani as guaranteed by Article 5(3) of the Federal Constitution,” the lawyer said.
Rajesh then detailed that MACC officers had threatened that if Wira Dani insisted on being accompanied by his lawyer, he would be arrested.
“This was high-handed and a gross abuse of power by the MACC. The threat of arrest had no basis in law, and was calculated to unlawfully intimidate Wira Dani into surrendering his right to have his lawyer present,” Rajesh said.
“As a result of the arbitrary, arrogant and unlawful actions of the MACC, Wira Dani was forced to undergo hours of interrogation without the presence of his lawyer. This lawless conduct of the MACC cannot be tolerated,” Rajesh added.
The lawyer demanded an explanation from the MACC and the home minister over this denial of the constitutional right to representation, and sought an assurance that Wira Dani’s rights and safety would be protected.
Rajesh further said that investigations by the MACC on Daim and his family had been “one big fishing-expedition”.
The lawyer also said that Prime Minister Datuk Seri Anwar Ibrahim had hurled “unsupported accusations” against Daim from the political stage.
Apart from Daim, his wife Toh Puan Na’imah Abdul Khalid is also facing a charge of not abiding by the MACC's notice to declare 12 of her purported assets.