Mahajoth confirmed that the application was filed this morning at the Kuala Lumpur High Court.
According to the court documents, Mahajoth is seeking to quash the orders issued by MACC on Nov 29 and 30 summoning the lawyer for questioning as well as to produce documents and items related to his client under Sections 30(1)(a) and 30(1)(b) of the MACC Act 2009.
He said MACC had ordered him to surrender Tei’s mobile phone, documents related to the purchase of furniture, clothing, and cameras, as well as copies of WhatsApp conversations between his client and individuals identified as Sam, Sofia and Erwin.
He is also seeking an interim stay order on any action by MACC against him in relation to the two orders until the full disposal of the judicial review application.
In his affidavit, Mahajoth said the information requested by MACC constituted privileged communication between solicitor and client under Section 126 of the Evidence Act and Section 46 of the MACC Act.
He said MACC had abused its powers by issuing the orders, as Section 46(1) of the MACC Act clearly stated that any disclosure of information by an advocate or solicitor could only be compelled by a High Court order.
“The respondent did not obtain any court order and has wrongfully and unlawfully issued the orders pursuant to Sections 30(1)(a) and 30(1)(b) of the MACC Act,” he said.
He also claimed that Section 46 of the MACC Act placed no obligation on a lawyer to comply with any order if such compliance would disclose privileged information or communications obtained in the course of any pending proceedings.
“Therefore, the statutory protection of privileged communication between myself and my client in this matter cannot be circumvented under any circumstances,” he added.
The hearing for the leave application has been set for Jan 6 next year before Justice Alice Loke.
Mahajoth earlier denied MACC’s claim that he was in possession of “key evidence” in the probe into the controversial businessman.
Tei has claimed trial to five counts of giving bribes to former senior political secretary to the prime minister Shamsul Iskandar Akin as an inducement to help firms in which Tei had an interest obtain approval for mineral exploration licences in Sabah.
A woman named Sofia Rini Buyong is also being investigated by MACC in connection with Tei’s allegation that he had “bribed” Shamsul to recover funds allegedly distributed to Sabah assemblymen.