Advertisement

Lawyer-turned-MACC chief vows no future harassment of legal reps

Previously prominent for her work with Lawyers for Liberty, Latheefa Koya was appointed the new MACC chief effective June 1. — Picture by Shafwan Zaidon
Previously prominent for her work with Lawyers for Liberty, Latheefa Koya was appointed the new MACC chief effective June 1. — Picture by Shafwan Zaidon

KUALA LUMPUR, July 23 — The Malaysian Anti-Corruption Commission (MACC) will provide a safe space for lawyers representing clients under investigation by the agency, said Latheefa Koya.

Citing her experience after the MACC summoned her to provide a statement when she represented Datuk Shamsubahrin Ismail with another lawyer, Latheefa said she will not let this happen again.

“In the case of MACC, you have to answer all questions, and why we need lawyers is to make sure there is no manipulation. The lawyer can be present and if the person needs any advice, they can turn around and ask the lawyer for advice.

“In the case of police investigation, the client has a right to not answer questions. The right to silence if the answer would implicate that person, so in that context. For the laws under MACC, you have to answer all questions. So there is a slight difference,” she told Malay Mail in a recent interview.

When she was in private practice, Latheefa and the other lawyer, Murnie Hidayah Anuar, sought judicial review of the MACC notice served on them in 2012 after they refused to comply on the grounds that it was unconstitutional.

They won at the High Court and appellate court levels but the Federal Court ultimately ruled last year that such notices were not subject to judicial oversight.

Now the head of the commission that had summoned her, Latheefa said the issue was not about the legal provisions for issuing the notice but rather why it was issued to begin with.

“It’s not about the law per say. It’s how you execute that particular provision. So that notice was wrongfully issued to compel me to come and give statement. So I maintain, that it was wrong, and of course I will not allow that to happen.”

Latheefa acknowledged the validity of the legal provision applied on her and Murnie but said she would ensure the MACC does not serve such notices on legal representatives out of principle.

Previously prominent for her work with Lawyers for Liberty, Latheefa was appointed the new MACC chief effective June 1.

Related Articles More laws to curb corruption? Awareness is the way to go, MACC chief says SPRM tahan hakim disyaki rasuah lepaskan Pati MACC arrests Sessions Court judge over illegal immigrants case