KUALA LUMPUR, June 11 — Lawyers do not have a constitutional right to be present when their clients are being questioned for investigations, the Malaysian Anti-Corruption Commission (MACC) said.

In response to rights group Lawyers for Liberty (LFL) that accused it of restricting access to a client, MACC deputy director Datuk Wan Shaharuddin Wan Ladin said there were legal precedents that support the suspension of the constitutional right of arrested individuals to consult their lawyer.

"The LFL should refer to the reasoning provided in the judgment of the case of Malaysian Anti-Corruption Commission & Ors v Latheefa Beebi Koya & Anor (2017) 5 MLJ 349,” he said in a statement published on news portal Malaysiakini today.

Referring to the case that was tried in the Federal Court, Wan Shaharuddin said not everyone who is called in for an MACC investigation is under arrest.

He said that the court’s judgement in the case confirmed that witnesses who are getting their statements recorded are not entitled to legal representation as they are not suspects, arrested persons or unlawfully detained individuals.

"Under the MACC Act 2009, there is no specific provision that grants the right to have a lawyer present during the recording of a statement in the course of an investigation.

"While it allows the accused person to have a legal practitioner present during an examination under oath, it does not explicitly grant the right to legal representation during other forms of interrogation or questioning,” he said.

Wan Shaharuddin also cited another case Datuk Hasanah Ab Hamid v MACC and the Government of Malaysia.

He said that during the case, the Court of Appeal found that the right to legal representation during an investigation may be suspended, as per the provisions of the Criminal Procedure Code, such as when it obstructs the progress of an ongoing investigation.

"Hence, the two cases cited above cater to two different situations — i.e. for a witness and for an accused,” said Wan Shahruddin.

"It is important to note that the absence of a specific provision allowing lawyers to be present during the recording of statements does not mean that legal representation is entirely prohibited during the investigation process.

"In conclusion, the statement by the LFL does not reflect the actual actions taken by the MACC in ensuring the protection of the rights of individuals who are arrested in accordance with the provisions of the law,” he added.

Last Thursday, LFL director Zaid Malek said that the MACC was not allowing lawyers to be present when their clients’ statements were being recorded.

He said that MACC was employing tactics to hinder lawyers from fulfilling their duties, adding that other enforcement authorities in Malaysia do not restrict legal representation during questioning.