In a statement, MACC said that Wira Dani – the eldest son of former finance minister Daim Zainuddin – was summoned to the MACC headquarters in Putrajaya to provide a statement as a witness in an ongoing investigation.
MACC said there are case precedents that allow for the temporary suspension of the right to legal counsel during certain investigative procedures
“The matter can be referenced to the decision in the case of MACC & Ors v Latheefa Beebi Koya & Anor (2017) 5 MLJ 349, which established that Article 5(3) of the Federal Constitution does not guarantee the right to legal representation during the recording of witness statements,” said MACC.
“Furthermore, the court found no legal or constitutional basis for the presence of a lawyer during the recording of statements, as the MACC Act 2009 does not provide for such a right.
“This decision not to allow Wira Dani’s counsel to be present during the recording of the statement aligns with the aforementioned legal precedent.
“In this instance, the MACC investigator determined that allowing the lawyer’s presence could potentially compromise the investigation.”
Earlier today, Wira Dani’s lawyer, Rajesh Nagarajan, said MACC threatened his client with arrest if he insisted on being accompanied by counsel during questioning.
Rajesh said Wira Dani had presented himself at the MACC headquarters in Putrajaya for his statement to be taken in the anti-graft agency’s ongoing probe into the latter’s father, Daim.
Rajesh said that despite repeated requests by Wira Dani to have him present during the questioning, MACC officers had prevented the lawyer from being with his client.
He said every person was entitled to legal representation and that denying one’s right to legal advice and representation was a flagrant breach of Wira Dani’s constitutional rights.
In its statement, MACC said it did not arbitrarily prevent legal representation and adhered to the law throughout its investigation.
It said that while Article 5(3) of the Federal Constitution ensured the right to legal representation in criminal proceedings, this right is subject to specific exceptions and limitations.
It noted that in the case of Hasanah Ab Hamid v MACC and the Government of Malaysia (2019) 10 CLJ 191, Justice Nordin Hassan upheld the position that the right to counsel may be temporarily restricted if it interferes with the investigation.
“MACC would like to clarify that it operates within the framework of the Federal Constitution and is committed to respecting the legal rights of individuals involved in an investigation.
“MACC remains committed to upholding the Federal Constitution and ensuring that its investigative processes are conducted fairly and within the bounds of legal provisions.”