The Kuala Lumpur High Court today quashed a notice by the Malaysian Anti-Corruption Commission (MACC) requiring two lawyers to have their statements recorded over the National Feedlot Corporation (NFC) case.

Justice Zaleha Yusof, in granting the judicial review filed by Latheefa Koya and Murnie Hidayah Anuar, said the notice issued to them was an abuse of power.

“It is invalid and could not be enforced. Hence, the notice is quashed,” she ruled, according to The Star Online .

Latheefa and Murnie Hidayah, in their application, had named the MACC, the government and MACC assistant superintendent Suziana Ali as respondents.

NONE They said the notice, dated March 19, 2012, required them to be present at the MACC headquarters in Putrajaya on March 23 to assist in investigations involving NFC executive chairperson Mohamad Salleh Ismail (left).

They contended that the notice was void and contravened provisions under Section 5(2) of the federal constitution, regarding liberty of a person.

The two were representing former NFC consultant Shamsubahrin Ismail and claimed they were served the notice the same day after accompanying him to the MACC office to give his statement.

'Act of intimidation'

Bernama quoted the judge as saying, "I do not see any logic in serving the applicants (lawyers) with the notice to record their statements, who were merely attending to (the needs of) their

clients."

She reportedly said it was an act of intimidation by MACC officers, in an attempt to obtain privileged information between clients and lawyers.

Zaleha allowed three prayers sought by the applicants to quash the notice; declare the notice dated March 19, 2012 as invalid; and declare that MACC fficers have no authority to record statements from lawyers accompanying their clients.

However, she did not allow damages sought by the applicants.

The applicants were represented by R Sivarasa, while MACC was epresented by Senior Federal Counsel Effandi Nazila Abdullah.

Failure to comply with the notice is an offence under Section 48(c) of the MACC Act 2009, and punishable under Section 69 of the same Act, by a maximum RM10,000 fine or two years' jail or both, upon conviction.