Now, Azam's MACC summons Tei's lawyer for questioning as PMO scandal saga deepens
Mahajoth Singh was told to appear before MACC on Sunday morning, a move condemned by lawyers as unlawful and a breach of client confidentiality.
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The Malaysian Anti-Corruption Commission (MACC) is demanding to question the lawyer for Albert Tei, in an unusual move just two days after masked and armed officers stormed his client's home following shocking revelations that named the agency's chief commissioner as complicit in an explosive graft and conspiracy scandal involving the Prime Minister's Office.
Last night, Mahajoth Singh was served a notice ordering him to appear at the MACC headquarters in Putrajaya at 10am today for questioning, a move slammed by vocal rights group Lawyers for Liberty (LFL) as unlawful.
"If lawyers can be summoned, questioned, and denied access to their own clients without clear justification, then the fundamental protections afforded to every Malaysian are placed in jeopardy," said LFL director Zaid Malek.
LFL said MACC should immediately withdraw the notice to Mahajoth and demanded an explanation from Azam "for this unlawful attempt to question and intimidate legal counsel for Albert Tei".
It is understood that Mahajoth has refused to comply with the request.
Zaid, who on Friday rushed to Tei's home just as about a dozen balaclava-clad and armed MACC officers broke in and handcuffed the businessman in the presence of his wife and children, said Mahajoth cannot comply with the notice.
"If he does so, he will breach lawyer-client privilege. Therefore, he cannot attend the questioning," Zaid told MalaysiaNow.
In a statement, Zaid said the demand to question Tei's lawyer points to a "lurch towards lawlessness by MACC".
"Taken together, these actions constitute clear pressure, intimidation and interference against a lawyer representing his client in a criminal matter.
"A lawyer must be able to advise and represent his client freely and without fear of obstruction or intimidation," he said, adding that summoning Mahajoth was a breach of confidential communications as stipulated in the MACC Act 2009 and the Evidence Act.
Zaid reminded MACC that its mandate is to investigate corruption.
"It is not to interrogate counsel about matters that fall squarely within the ambit of legal privilege. Such conduct compromises the integrity of the investigative process and violates the core principles of solicitor–client confidentiality, a protection fundamental to the administration of justice.
"No enforcement agency has the authority to compel, or even attempt to compel, lawyers to disclose matters they are legally and ethically barred from revealing."
On Nov 25, Tei – the man behind explosive videos implicating Sabah Chief Minister and GRS chairman Hajiji Noor and 14 ruling politicians in corrupt practices – revealed that he had spent almost RM630,000 on Prime Minister Anwar Ibrahim's political secretary Shamsul Iskandar Mohd Akin in the hope that the latter would help him negotiate with Hajiji to recover the money he paid to several GRS politicians. Shamsul resigned on the same day.
Tei showed proof that he paid for renovations, luxury gifts, tailored suits, appliances, furnishings for two properties, as well as cash totalling about RM350,000 for Shamsul.
He also released secretly recorded video of a conversation with a woman identified as Shamsul's proxy, who has since identified herself as Sofia Rini Buyong.
Apart from admitting that Tei showered cash and gifts to Shamsul, Sofia also made a startling claim that it was Shamsul and Anwar's idea that Tei secretly record his conversations with various Sabah politicians, and that Azam was also well aware of the plan, adding that he had been briefed about it by Shamsul.
Azam has not responded to the claim.
Sofia, who is currently in MACC custody alongside Shamsul and Tei, later denied everything she was heard agreeing with Tei, saying it was a conspiracy to undermine the government.
Following this, Mahajoth urged Azam to either "resign, recuse himself or take immediate garden leave".
"When the head of an investigative agency becomes personally entangled in the allegations under scrutiny, that agency can no longer conduct a credible, impartial or lawful investigation as long as that individual remains in office," he added.
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