PUTRAJAYA (Dec 3): The Malaysian Anti-Corruption Commission (MACC) will open a separate investigation into businessman Albert Tei Jiann Cheing’s lawyer, Mahajoth Singh, for allegedly obstructing its probe into bribery allegations involving Tei and Datuk Seri Shamsul Iskandar Mohd Akin, a former senior political secretary to the prime minister.
MACC chief Tan Sri Azam Baki told a press conference that Mahajoth will be investigated under Section 48 of the MACC Act 2009 for refusing to cooperate. Although he attended the MACC’s summons two days ago, he did not give a statement or hand over documents the MACC says are needed for the case.
Azam stressed that Mahajoth was summoned as a witness in the bribery case, not as a lawyer defending a client, and therefore must comply. He said the MACC’s powers under Sections 30(1) and 30(2) allow it to order anyone to appear and produce documents, and that no special exemption exists for lawyers.
Azam dismissed the Bar Council’s accusation that the MACC violated Section 46 on lawyer-client privilege.
“The MACC is not asking for confidential information between a lawyer and a client. What is requested are evidence and materials in his possession as an individual who holds important information.
“The legal principle is clear — privilege does not protect someone from the obligation to appear when ordered, and it does not protect documents that are not part of legal advice.
“In this matter, the MACC acted in accordance with lawful procedures. The lawyer was only asked to attend as a witness, like any other witness. This is not a prosecution against him and does not affect his position as a lawyer for any party. Therefore, the allegation that the MACC violated Section 46 is inaccurate.
“If any party is dissatisfied, they have the right to bring the matter to court,” he said.
Mahajoth has denied the MACC’s claims, arguing that handing over documents would breach legal privilege.
The MACC has referred the matter to a deputy public prosecutor, and an investigation paper has been opened.