KUALA LUMPUR, Jan 30 — The High Court here today dismissed an application for leave to commence judicial review filed by lawyer Mahajoth Singh to challenge two Malaysian Anti-Corruption Commission (MACC) orders related to his client, businessman Albert Tei, which he claimed violated the lawyer-client privilege.
In dismissing the application, Judge Alice Yoke Yee Ching ruled that matters relating to the investigative processes of enforcement authorities are not amenable to judicial review.
Addressing the contention that the MACC had acted in bad faith by issuing the notices in contravention of the law, the court found that the allegation had not been established.
“For these reasons, I do not find that an argument has been made for leave to be given. I make no order as to costs,” said the judge.
Mahajoth was seeking an order of certiorari to quash the notices, dated November 29 and 30, requiring him to attend questioning and to produce documents under Sections 30(1)(a) and (b) of the MACC Act.
Mahajoth stated he received the orders after Tei was detained by the commission on November 28 and taken to the MACC’s headquarters in Putrajaya, allegedly without any reasonable explanation.
Among the items that MACC requested in the orders were Tei’s mobile phone, documents relating to the purchase of furniture, clothing, a camera and copies of WhatsApp conversations between Tei and several individuals.
Federal counsel Krishna Priya Veenagopal appeared for the MACC, while counsel Surendran Nagarajan and Rajesh Nagarajan acted for Mahajoth.
