KUALA LUMPUR: The High Court yesterday quashed a notice issued by the Malaysian Anti-Corruption Commission (MACC) to two lawyers in connection with investigations into a case involving the National Feedlot Corporation (NFC).
Justice Datuk Zaleha Yusof, in allowing the judicial review application, ruled that the notice issued under Section 48(c) of the MACC Act 2009 was illegal and an abuse of power, where such notice should not be issued against Latheefa Koya and Murnie Hidayah Anuar.
“I did not see any logic in serving the applicants (lawyers) with the notice to record their statements, who were merely attending to (the needs of) their clients,” she said.
She said it was an act of intimidation by MACC officers, in an attempt to obtain privileged information between clients and lawyers.
Zaleha allowed three prayers sought by the applicants, namely, quashing the notice; declaring the notice dated March 19, 2012, as invalid; and finally, MACC officers have no authority in recording statements from lawyers accompanying their clients. However, she did not allow damages sought by the applicants.
Latheefa, who is also Parti Keadilan Rakyat central committee member, and Murnie, in their application had named the MACC, Malaysian government and MACC assistant superintendent Suziana Ali as respondents.
They contended that the notice dated March 19, requiring them to be present at the MACC headquarters in Putrajaya on March 23, last year to assist in investigations involving NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail was void and contravened provisions under 5(2) of the Federal Constitution.
The lawyers, who are representing former NFC consultant Datuk Shamsubahrin Ismail, claimed they were served the notice on the same day, on March 19 after accompanying their client to the MACC office to give his statement regarding Mohamad Salleh’s case.
Failure to abide by the notice is an offence under Section 48(c) of the MACC Act 2009, punishable under Section 69 of the same act, which carries a maximum RM10,000 fine or two years’ jail or both, upon conviction.
The applicants were represented by counsel R Sivarasa, while MACC was represented by Senior Federal Counsel Effandi Nazila Abdullah. — Bernama