Lawyer says latest move by MACC, IRB to obtain info unlawful, violation of legal professional privilege
KUALA LUMPUR, Oct 9 — Lawyer Chetan Lachman Jethwani has confirmed his law firm, Chetan Jethwani & Company, was the subject of an attempted search and seizure by the Malaysian Anti-Corruption Commission (MACC) and the Inland Revenue Board (IRB) in relation to their investigations last week.
However, Chetan condemned the authorities’ latest attempt to obtain information, stating that such operations were a violation of legal professional privilege, unlawful and violated the rule of law.
“In particular, the MACC and the IRB officers had not complied with the applicable legal provisions set out in the Malaysian Anti-Corruption Commission Act 2009 and the Income Tax Act 1967,” he said in a statement.
Chetan said enforcers then left the premises only to return later with orders to produce documents and to appear to have a statement recorded at the MACC office in Putrajaya the same day.
“The order to produce documents sought production of a client file which contained information protected by legal professional privilege.
“A formal letter of detailed objections was addressed to and issued to the Chief Commissioner and other senior officers of the MACC in advance of the statement being recorded.
“I state here unequivocally that no files or documents of any kind were produced or shown to the MACC.
“Furthermore, during the recording of the statement, I asserted the legal professional privilege which was reflected in the recorded statement,” he said.
Chetan then went on to explain that legal professional privilege is a fundamental right which protects information passing between a solicitor and a client.
“It allows clients to freely seek legal advice in confidence.
“Legal professional privilege plays a foundational and cornerstone role in the due administration of justice,” he said, adding that he is duty bound to protect this privilege as a legal practitioner.
He also said he has issued a detailed letter of objection to the Malaysian Bar outlining the events that have transpired.
Chetan also warned that he will not hesitate to take the appropriate legal action against any party that presents a false or misleading impression which may damage his reputation or any of his clients.
Chetan’s warning follows after news reports on the authorities’ action “had made reference to other clients unconnected to this matter” and had also resulted in “baseless speculation about the client whose materials had been sought”.
“In this regard, a false and misleading picture has been presented resulting in baseless speculation as to the identity of the client whose privileged materials have been sought.
“In the circumstances, I will not be disclosing nor commenting on the identity of subject matter of the privileged material at issue,” he said.
Earlier today, a Parti Pribumi Bersatu Malaysia leader called out the MACC for its surprise visit to the law firm representing the party and its president Tan Sri Muhyiddin Yassin.
Its Legal and Constitutional Bureau’s Deputy Chairman Sasha Lyna Abdul Latif asserted that lawyers ought to be able to carry out their responsibilities fearlessly and without any favour, adding that clients’ files and information as well as evidence are protected by the privilege rule.
She further urged the government to stop using their agencies or enforcement bodies for their whims in harassing those who opposed or criticised the government.
Formerly, the law firm Rosli Dahlan Saravana Partnership confirmed that MACC visited the law firm on October 6 — the same day Chetan’s firm was raided — and demanded documents related to some clients.
The Edge reported the firm as saying in a statement that 12 MACC officers were involved in the visit, but gave its assurance that no client documents were given despite the investigators’ demands.
Bernama reported that MACC was investigating several individuals suspected of being involved in corruption and money laundering during the government’s efforts to recover assets related to 1MDB.
