KUALA LUMPUR, Aug 23 — Lawyer Rajesh Nagarajan is accusing the Malaysian Anti-Corruption Commission (MACC) of “gross abuse of power” for refusing to allow him to be present with his client Wira Dani Abdul Daim, the eldest son of Tun Daim Zainuddin, during questioning.
The lawyer said Wira Dani appeared at the MACC headquarters in Putrajaya yesterday at 9.30am to provide a statement into an ongoing investigation into Daim, even though no clear allegations have been specified, only to bar Rajesh from attending the questioning.
“The denial of the right to legal advice and representation is in flagrant breach of the constitutional rights of Wira Dani as guaranteed in Article 5(3) Federal Constitution.
“Further, MACC officers threatened that if Wira insisted on being accompanied by his lawyer, he would be immediately arrested.
“This is high-handed and a gross abuse of power by the MACC,” Rajesh said in a statement today.
He said Wira Dani underwent hours of questioning without legal representation as a result.
He reminded the authorities of the tragic case of Teoh Beng Hock, a former Selangor DAP assemblyman’s aide who similarly underwent MACC questioning without legal representation and later died, saying it should serve to highlight the importance of upholding constitutional rights.
“We urge the MACC Chief, the Home Minister and the government to forthwith cease the illegal practice of denying citizens right to legal advice,” Rajesh said.
He demanded that the MACC and the home minister explain the denial of the constitutional right to representation, and assurance that Wira Dani’s rights and safety will be protected.
Daim, a former minister and a close friend of ex-prime minister Tun Dr Mahathir Mohamd, has been charged with failure to declare his assets under Section 36(2) of the Malaysian Anti-Corruption Commission Act 2009, which carries a penalty of up to five years imprisonment and a maximum fine of RM100,000, upon conviction.
The 86-year-old’s wife, Toh Puan Na’imah Abdul Khalid, faces a similar charge.
