Respect legal privilege, right to representation, Bar tells MACC
Published: Jun 11, 2024 9:04 PM
Bar Council president Mohamad Ezri Abdul Wahab has reminded the MACC that legal professional privilege and the right to representation are cornerstones of the justice system that must not be infringed.
This comes after the detention of Lai Chee Hoe at the MACC Putrajaya lockup from June 4 to 6, and the anti-graft agency’s probe of Irwin Lo. Both Lai and Lo are acting for a client in a property dispute.
“It is incumbent on us to remind all enforcement bodies such as the MACC to respect legal professional privilege and the right to legal representation.
“These rights are cornerstones of a fair and just legal system, ensuring that individuals can seek and receive confidential legal advice without fear of reprisal or breach of confidentiality.
“By respecting these fundamental rights, enforcement bodies not only adhere to constitutional mandates but also reinforce the integrity and credibility of their investigative processes, ultimately contributing to the public’s trust in the legal and justice system,” said Ezri in a statement today.
He added that any act undermining these rights would be detrimental to the public.
Lawyer Lai Chee Hoe
“We highlight the Federal Court’s decision of Tan Chong Kean v Yeoh Tai Chuan & Anor [2018] 2 MLJ 669 where in upholding legal professional privilege, the Federal Court held the following:
“[28] The rationale in principle is to enable and protect an individual’s ability to access the justice system with complete disclosure of all necessary information to his legal adviser free from any hindrance in the form of fear that any disclosure by him of any communication may prejudice him in the future.
“[29] The courts regard client legal privilege as a ‘substantive general principle which plays an important role in the effective and efficient administration of justice by the courts...’.”
He went on to remind all members of the Malaysian Bar of the critical importance of upholding legal professional privilege.
“If information or documents protected by legal professional privilege are sought, members are obligated to refuse disclosure unless their clients provide explicit written consent.
“The Malaysian Bar remains resolute and unwavering in its commitment to upholding the rule of law and ensuring that justice is served without fear or favour.
“We urge all enforcement bodies to cease unlawful practices that undermine legal professional privilege and the right to legal representation,” he said.
‘Intimidating lawyers’
Earlier, Lawyers for Liberty director Zaid Malek said the MACC’s actions infringed on a legal professional’s right to act for a client and disrupted a member of the public’s right to engage a counsel of their choice.
“Lawyers should be allowed to do their job without fear or favour. Why is the MACC intimidating lawyers performing their professional duty?” he said.
During a question-and-answer session with the media, Lai claimed MACC officers came to his office in the afternoon on June 4 and asked for his letter of appointment for representing the client in a civil court matter involving the property dispute.
Lai claimed he was asked to go to the MACC headquarters to give his statement but was detained later that night. He was released on June 6.
He claimed that the MACC gave him three conditions, one was for him to withdraw from representing the client.
When contacted, MACC chief commissioner Azam Baki denied the anti-graft agency interfered with the public’s right to legal representation, contending that the investigation process has been by the book.
Azam said Lai’s detention and Loh’s questioning were related to an investigation into alleged embezzlement and abuse of power involving a property’s joint management body.
“[28] The rationale in principle is to enable and protect an individual’s ability to access the justice system with complete disclosure of all necessary information to his legal adviser free from any hindrance in the form of fear that any disclosure by him of any communication may prejudice him in the future.
“[29] The courts regard client legal privilege as a ‘substantive general principle which plays an important role in the effective and efficient administration of justice by the courts...’.”
He went on to remind all members of the Malaysian Bar of the critical importance of upholding legal professional privilege.
“If information or documents protected by legal professional privilege are sought, members are obligated to refuse disclosure unless their clients provide explicit written consent.
“The Malaysian Bar remains resolute and unwavering in its commitment to upholding the rule of law and ensuring that justice is served without fear or favour.
“We urge all enforcement bodies to cease unlawful practices that undermine legal professional privilege and the right to legal representation,” he said.
‘Intimidating lawyers’
Earlier, Lawyers for Liberty director Zaid Malek said the MACC’s actions infringed on a legal professional’s right to act for a client and disrupted a member of the public’s right to engage a counsel of their choice.
“Lawyers should be allowed to do their job without fear or favour. Why is the MACC intimidating lawyers performing their professional duty?” he said.
During a question-and-answer session with the media, Lai claimed MACC officers came to his office in the afternoon on June 4 and asked for his letter of appointment for representing the client in a civil court matter involving the property dispute.
Lai claimed he was asked to go to the MACC headquarters to give his statement but was detained later that night. He was released on June 6.
He claimed that the MACC gave him three conditions, one was for him to withdraw from representing the client.
When contacted, MACC chief commissioner Azam Baki denied the anti-graft agency interfered with the public’s right to legal representation, contending that the investigation process has been by the book.
Azam said Lai’s detention and Loh’s questioning were related to an investigation into alleged embezzlement and abuse of power involving a property’s joint management body.
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