PUTRAJAYA: Lawyer Mahajoth Singh, who is representing businessman Albert Tei, today submitted a formal notice to the Malaysian Anti-Corruption Commission (MACC) challenging the validity of notices the agency had issued to him.
Zaid Malek, speaking on behalf of Mahajoth, said the MACC notices, issued under Section 30 of the MACC Act last night, were flawed and sought to compel statements and documents related to Mahajoth’s legal representation of Tei.
“The notices served on Mahajoth are defective. They are flawed and have no basis.
“Firstly, the statement that MACC intends to record from Mahajoth relates to his representation of his client. That is privileged communication. It cannot be disclosed arbitrarily to any party.
“Secondly, the documents that Mahajoth is required to produce under the notice are also privileged communications. They cannot be handed over lightly or arbitrarily,” he said when met at the MACC headquarters today.
Zaid said there was no basis for Mahajoth to comply with the notices, which prompted them to submit a formal notice to MACC on the matter.
The pair earlier arrived at the MACC headquarters around 11am and spent about 45 minutes inside.
He added that MACC officers refused to acknowledge receipt of the letter.
“All I wanted was an acknowledgement, but even that could not be given. I would send the letter via email or other means for record purposes. Our purpose today was clear — to inform MACC that the notices served on Mahajoth yesterday were flawed,” he said.
When asked why MACC declined to acknowledge the letter, Zaid said he was unsure and suggested the question be directed to the agency.
“There should not have been any difficulty, as acknowledging documents is routine communication between lawyers and government agencies,” he said.
Yesterday, MACC said Mahajoth was believed to be in possession of exhibits relevant to its investigation.
The MACC also said that solicitor–client privilege is limited in scope, protecting confidential legal advice but not exempting a lawyer from attending investigators, shielding materials unrelated to legal advice, or preventing questioning if the counsel is a material witness.
The New Straits Times has reached out to the MACC for comments.
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