KUALA LUMPUR: The High Court here has dismissed lawyer Mahajoth Singh’s application for leave to commence judicial review proceedings challenging two Malaysian Anti-Corruption Commission (MACC) notices issued to him in connection with his client, businessman Albert Tei.
Justice Alice Loke held that the notices, issued on Nov 29 and Nov 30 last year, were part of MACC’s investigative process and fell within the scope of its statutory powers.
“The law is clear and settled. Matters pertaining to the investigative functions of enforcement authorities are not amenable to judicial review,” she said.
Mahajoth had sought leave to quash the notices issued under Sections 30(1)(a) and 30(1)(b) of the MACC Act, arguing that they were unlawful and amounted to malfeasance.
The orders directed him to produce information and documents linked to Tei, in connection with an MACC investigation.
His objection was premised on alleged breaches of Section 46 of the MACC Act and Section 126 of the Evidence Act, which protect solicitor-client privilege.
Loke however found that Section 46 of the MACC Act applies only in limited circumstances and that Section 46(2) must be read together with Section 46(1), which confines its application to transactions or dealings relating to property liable to seizure under the Act.
As such, she said the argument that the issuance of the notices required a prior court order was misconceived.
On the allegation of bad faith, Loke said it had not been established that the notices were issued in contravention of the law.
“For these reasons, I do not find that an argument has been made for leave to be given,” she said in dismissing the application.
No order was made as to costs.
Lawyers N Surendran, Rajesh Nagarajan and Zaid Malek appeared for Mahajoth while federal counsel Krishna Priya Venugopal represented the Attorney-General’s Chambers.
