KUALA LUMPUR (Dec 1): The Malaysian Bar has condemned the Malaysian Anti-Corruption Commission’s (MACC) move to summon Mahajoth Singh — the lawyer representing businessman Albert Tei — calling it a direct violation of Section 46 of the MACC Act.
It warned that the MACC cannot access lawyer-client communications or documentation without client consent or a court order.
In a statement on Monday, Malaysian Bar president Mohamad Ezri Abdul Wahab said Section 46 of the MACC Act protects lawyer-client communications, keeping them confidential even during investigations.
Enforcement officers cannot force the production of privileged documents, read them, or act on them without a High Court ruling.
Legal privilege cannot be ignored just because an investigation is happening.
Trying to bypass these protections goes against Parliament’s intent and undermines the rule of law.
He said the MACC’s actions are concerning because they threaten core legal rights. The Malaysian Bar reminds that the right to a lawyer and legal privilege is essential for a fair legal system, allowing people to get confidential legal advice without fear of breach or retaliation.
Citing case law, including the Federal Court’s decision in Tan Chong Kean v Yeoh Tai Chuan, the Bar highlighted that the nature of privilege is not diminished by the involvement of enforcement authorities.
“In the light of the clear statutory protections under Section 46 of the MACC Act and the unequivocal stance of the courts, privileged documents and communications must remain beyond the reach of enforcement agencies, including the MACC, unless expressly authorised by the client or pursuant to a specific order from the High Court,” says Mohamad Ezri.
He also referenced its past circulars and court rulings that have affirmed the protection of privileged documents and communications, including the Director General of Inland Revenue v Malaysian Bar.
More recent circulars guide lawyers on managing enforcement actions, dawn raids and requests for information, which underscore the Bar’s long-standing position that client materials remain out of reach unless lawfully authorised.
The Star reported that Mahajoth had agreed to appear for questioning at the MACC headquarters in Putrajaya on Monday after receiving fresh notices to do so. He reportedly accepted the fresh notices under strong protest and said he would comply with questioning but will not disclose any communications or documents protected by legal privilege.
Tei was arrested last Friday (Nov 28) by the MACC at his home in Puchong as the commission investigates Tei’s allegations of bribing Datuk Seri Shamsul Iskandar Mohd Akin, who is the former senior political secretary to Prime Minister Datuk Seri Anwar Ibrahim. Shamsul was detained later in the day when he presented himself at MACC for questioning. On Saturday, MACC secured a six-day remand order for both Tei and Shamsul.
Sofia Rini Buyong, who was also detained by the MACC, was released on bail on Monday upon the expiry of her remand order.