The Malaysian Bar has condemned the Malaysian Anti-Corruption Commission (MACC) for ordering two lawyers for businessman Shamsubahrin Ismail to be similarly questioned, in the name of assisting an investigation into an offence.

NONE The lawyers, Latheefa Koya and Murnie Hidayah Anuar, are legal counsel for Shamsubahrin and had accompanied him on March 19, during his questioning by MACC on the National Feedlot Corporation (NFC) scandal.

Bar Council chairperson Lim Chee Wee ( right ) said in a statement today MACC's demand was tantamount to intimidation and harassment of lawyers.

"The presence of a lawyer when an individual is questioned promotes accountability, because lawyers serve as a crucial safeguard for the rights of the interviewee, and also function as a check-and-balance, on the spot, against any excess.

"MACC's actions are tantamount to harassment of lawyers, as such behaviour threatens the independence of the Bar and interferes with a lawyer's obligation to act for clients without fear or favour.

"In addition, such questioning of a lawyer makes a mockery of the fundamental principle of solicitor-client confidentiality by which lawyers are bound," Lim said.

'Lawyers must be able to freely pursue justice'

He pointed out that it is internationally recognised that lawyers perform a vital function when they act for their clients in the pursuit of justice, and that they must be permitted to carry out these functions freely.

He then cited Article 16 of the United Nations Basic Principles on the Role of Lawyers to prove his point:

"Governments shall ensure that lawyers:

(a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;

(b) are able to travel and to consult with their clients freely, both within their own country and abroad; and

(c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics."

Lim urged MACC to give due recognition to the right of access to legal representation, which is a fundamental tenet of the rule of law and should be an unfettered right freely exercised in any democratic society.

NONE "We also call for MACC to withdraw its notice to the lawyers to attend for questioning, and to respect the principle that lawyers must be allowed to discharge their professional duties without interference," he added.

Shamsubahrin was charged on Dec 30, 2011 with cheating NFC chairperson Mohamad Salleh Ismail of RM1.755 million, at Solaris Mont Kiara in Kuala Lumpur, between Nov 25 and Dec 6, 2011.

He is also charged with cheating by promising Salleh "consultancy services" which he knew he could not deliver, in order to charge a fee, at a restaurant in Bukit Tunku, Kuala Lumpur, on Nov 20, 2011.

Shamsubahrin has denied the charges and claims it was Salleh who pressured him to bribe the police to cover up the company's scandal. However, Salleh has denied this claim.

The NFC chairperson has been charged with two counts of criminal breach of trust and another two counts of violating the Companies Act.