Malaysian Bar slams MACC for ‘breaching legal privilege’ in Albert Tei probe

Malaysian Bar slams MACC for ‘breaching legal privilege’ in Albert Tei probe

The Bar says summoning the businessman's lawyer violates Section 46 of the MACC Act and undermines the justice system.

Malaysian Bar Presiden Mohamad Ezri Abdul Wahab
Malaysian Bar president Ezri Abdul Wahab said legal professional privilege enables clients to seek confidential legal advice ‘without fear of reprisal or breach of confidentiality’.
KUALA LUMPUR:
The Malaysian Bar has criticised the Malaysian Anti-Corruption Commission for summoning the lawyer representing businessman Albert Tei, saying the move breaches legal professional privilege and threatens the rule of law.

Bar president Ezri Abdul Wahab said the Bar condemns MACC’s action in the “strongest terms”.

He said it contradicts Section 46 of the MACC Act 2009, which prohibits enforcement agencies from compelling privileged lawyer-client communications without first obtaining a High Court order.

Ezri said the Bar stands ready to support or initiate appropriate legal action to uphold the rule of law, safeguard the integrity of legal representation, and defend the fundamental right to confidential legal advice.

“This is a serious encroachment on legal professional privilege,” he said in a statement.

“Privilege cannot be treated as overridden merely because an investigation is under way.

“Any attempt to circumvent these protections undermines the clear intent of Parliament and the rule of law.”

The statement follows MACC’s issuance of a notice to lawyer Mahajoth Singh, who is representing Tei in a corruption probe.

Mahajoth has denied holding any key evidence, saying the documents listed by MACC are protected by solicitor-client privilege.

He also described the allegations as “false and outrageous”.

Ezri said legal professional privilege enables clients to seek confidential legal advice “without fear of reprisal or breach of confidentiality”, adding that this protection remains intact even when the request comes from an enforcement authority.

He said the Bar has consistently reminded enforcement bodies that privileged documents are off-limits unless the client consents or the High Court orders disclosure.

“Legal professional privilege is not a convenience, it is essential to an effective justice system,” he said.

“The Malaysian Bar remains resolute in defending that principle.”

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