Lawyers claim MACC disallowed clients in Daim probe from legal representation

January 5, 2024

Lawyers claim MACC disallowed clients in Daim probe from legal representation

KUALA LUMPUR, Jan 4 — The Malaysian Anti-Corruption Commission (MACC) has allegedly prevented lawyers from representing four individuals who were having their statements recorded as part of investigations on former finance minister Tun Daim Zainuddin, the lawyers said.

In a statement by lawyers Rajesh Nagarajan and Sachpreetraj Sohanpal, they said the events took place today at the MACC headquarters in Putrajaya, where they were representing the four clients who were called by the MACC to have their statements recorded under Section 30 of the Malaysian Anti-Corruption Commission Act 2009.

“All four were very cooperative with the MACC and had promptly appeared at MACC HQ for their statements to be recorded despite being given less than 24 hours’ notice to do so.

“Despite this, the MACC acted in an oppressive, unlawful and high-handed manner,” the lawyers claimed in a statement.

Rajesh told Malay Mail that lawyer Sachpreetraj was with one of the clients in the interview room when MACC officers allegedly rushed in and forced him to leave the interview room, and also claimed that the three other clients “were never allowed to be represented”.

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“The MACC thus prevented us from representing and advising our clients,” the two lawyers claimed in the statement after describing the incident where the lawyer was allegedly made to leave the interview room.

The two lawyers said the MACC’s conduct was “extraordinary and uncalled for”, stating: “The right to legal representation when questioned by enforcement bodies is fundamental to our criminal justice system.”

Highlighting the case of Teoh Beng Hock’s 2009 death while in custody to assist in investigations, the two lawyers said it is shocking that MACC “continues to deprive access to lawyers for persons being questioned”.

The two lawyers said MACC chief Tan Sri Azam Baki must bear full responsibility for the denial of lawyers and urge that he give a full explanation over the matter, as it involves “public interest and the integrity of the criminal justice system”.

“We further ask that the government give an assurance that enforcement bodies will henceforth respect the public’s right to legal representation, advice and assistance,” they said.

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Rajesh added: “The right to legal representation is sacrosanct and it is completely unacceptable for a person to be denied the rights to consult his lawyer. The MACC is acting an abhorrent manner.”

On December 30, the MACC said it had opened an investigation paper on Daim in February 2023 based on information from the Pandora Papers, and that its ongoing investigations on him are based on Malaysia’s anti-corruption and anti-money laundering laws.

On December 28, Daim broke his silence in a statement regarding the probe against him and the seizure of Menara Ilham.

Among other things, Daim had denied any corrupt act or wrongdoing by him or his family and claimed that the MACC investigation was a “political witch-hunt” against them.

Daim also said he had given full cooperation to the MACC since the investigation began, saying it is false to claim that he had not properly disclosed the financial details demanded by the MACC and that he had disclosed all that was asked for in writing by the MACC and in accordance with the law.