THE government must investigate claims that Malaysian Anti Corruption Commission’s (MACC) has denied witnesses and suspects called for questioning their right to legal counsel, Lawyers for Liberty said today.

Its director Zaid Malek said in a statement the Pakatan Harapan-led government must stand by its promises of bringing reforms by looking into MACC’s actions.

“The government is duty bound to ensure that all enforcement agencies, including MACC, respect the rule of law and the constitution,” he said.

He said this in reference to MACC’s statement yesterday that the commission “can and will deprive the public of their right to lawyers during questioning as they see fit”. 

Zaid said this was arbitrary, unlawful and unbefitting a key enforcement agency of a democratic nation. 

“The death of Teoh Beng Hock and Ahmad Sarbani while in MACC custody, both of whom were denied access to lawyers when interrogation was conducted, are proof enough that our assertions of their denial of rights is not malicious. 

“It is a legitimate public concern that they have chosen to ignore,” he added. 

He also said MACC had misleadingly and wrongly quoted a Federal Court decision to defend its position on allowing legal representations for witnesses or suspects brought in for questioning.

“It speaks volumes that MACC in their statement has neither addressed the concerns of the selective treatment given to important public figures as opposed to the average member of the public, nor the unlawful acts of intimidation by its officers against lawyers by threatening to record their statements as well. 

“As they themselves admitted, as an enforcement agency enacted by law, they must ensure that they adhere to the Federal Constitution and the rule of law. 

“As such, serious allegations such as those we raised must be investigated instead of a statement of bare denials,” he said. – June 10, 2023.