KUALA LUMPUR (Jan 30): The High Court has dismissed a judicial review application by lawyer Mahajoth Singh — who represents controversial businessman Albert Tei — against the Malaysian Anti-Corruption Commission (MACC) over its summons requiring Mahajoth to be questioned and to produce documents and items he says are protected by client-solicitor privilege.

In delivering her broad grounds on Friday morning, High Court judge Alice Loke Yee Ching said that matters pertaining to the investigative functions of enforcement authorities such as the MACC are not amenable to judicial review. 

Previously, Mahajoth’s counsel, N Surendran from Lawyers for Liberty, had argued that his client is put in a difficult position, as the MACC is compelling him to produce documents under Section 30(1)(b) of the MACC Act. 

However, the information requested by the MACC constitutes privileged communication under Section 126 of the Evidence Act 1950 and Section 46 of the MACC Act, and breaches client-solicitor privilege, according to the lawyer.

Surendran said that the documents and items the MACC sought from Mahajoth were Tei’s mobile phone, documents relating to retail purchases, and copies of WhatsApp conversations between Tei and others, which Mahajoth claims are privileged communication obtained by him in his capacity as a solicitor to his client.

The lawyer also argued that the MACC did not seek any High Court order as required under Section 46(1) of the MACC Act, and had issued the orders unlawfully against Mahajoth.

Surendran argued that Section 46(1) of the MACC Act must be read together with Section 46(2), which provides that an advocate cannot be compelled to disclose privileged information or communication obtained for the purposes of pending proceedings.

However, Loke said that Section 46 of the MACC Act only applies to certain situations.

“Hence the argument that the issuance of the notices has to be preceded with a court order is misconceived,” she said. 

“Now, as to the point that bad faith is demonstrated, because the issuance was in contravention of the law, I do not find that to be established,” she added. 

She then dismissed the application for leave. 

Mahajoth, who was present in court with Tei, was also represented by Rajesh Nagarajan from Messrs Raj & Sach. 

Federal counsel Krishna Priya Venugopal represented the MACC.

Mahajoth’s client, Tei, is a Malaysian businessman who has been in the spotlight for multiple corruption-related charges. In December 2025, he was charged in the Sessions Court in Kuala Lumpur with four counts of offering bribes totalling about RM176,829 to Datuk Seri Shamsul Iskandar Mohd Akin, a former senior political secretary to the prime minister, allegedly to help secure approval for mineral exploration licences in Sabah.

Tei has pleaded not guilty to these charges and was released on bail with conditions including surrendering his passport and monthly reporting to the MACC.

In addition to the Kuala Lumpur charges, Tei also faces a separate bribery charge of about RM64,924 linked to similar allegations involving his efforts to gain mining licence approvals, to which he likewise pleaded not guilty.

His arrest was preceded by a high-profile MACC raid on his home, and Tei publicly alleged excessive force during the operation — claims that the MACC has denied.

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