KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has denied any wrongdoing in barring the lawyer of Tun Daim Zainuddin's eldest son from being present during his questioning yesterday.
It said Wira Dani Abdul Daim's lawyer, Rajesh Nagarajan claimed MACC's actions violated Article 5(3) of the Federal Constitution.
"The MACC would like to clarify that it operates within the framework of the Federal Constitution and is committed to respecting the legal rights of individuals involved in an investigation.
"The MACC does not arbitrarily prevent legal representation and adheres to the law throughout its investigation processes."
It said there are precedents which allow for the temporary suspension of the right to legal counsel during certain investigative procedures if a lawyer's presence could compromise a probe.
"This decision not to allow Wira Dani's counsel to be present during the recording of a statement aligns with the aforementioned legal precedent."
MACC also said the Federal Constitution does not guarantee the right to legal representation during the recording of witness statements.
It said this was clear in the case of MACC and Ors v Latheefa Beebi Koya and Anor (2017) 5 MLJ 349.
"Furthermore, the court found no legal or constitutional basis for the presence of a lawyer during the recording of statements, as the MACC Act does not provide for such a right."
MACC said while Article 5(3) of the Federal Constitution ensures the right to legal representation in criminal proceedings, this right is subject to specific exceptions and limitations. "For example, in Datuk Hasanah Ab Hamid v MACC and the government of Malaysia (2019) 10 CLJ 191, Justice Datuk Nordin Hassan upheld the position that the right to counsel may be temporarily restricted if it interferes with the investigation.
"MACC remains committed to upholding the Federal Constitution and ensuring that its investigative processes are conducted fairly and within the bounds of legal provisions."
Earlier, it was reported that Wira Dani had been summoned by MACC over the investigation into his father, a former finance minister.
Daim, whose real name is Che Abdul Daim Zainuddin and his wife Toh Puan Na'imah Khalid have been charged with a failure with a MACC notice to declare their assets.
The offence falls under Section 36(2) of the Act which carries a maximum of five years imprisonment and a RM100,000 fine upon conviction.