The Court of Appeal in Putrajaya today dismissed the Malaysian Anti-Corruption Commission’s (MACC) appeal against a High Court decision to quash its notice to two lawyers.

The notice issued to Latheefa Koya and Murnie Hidayah Anuar, pertained to MACC’s investigations into allegations against the National Feedlot Corporation (NFC).

Justices Linton Albert, P Nalini and Vernon Ong Lam Kiat were unanimous in their decision to dismiss the appeal and uphold the High Court’s decision.

On Jan 30, last year, the High Court quashed the notice dated March 19, 2012, after allowing the judicial review applied by the lawyers, who named the MACC, government and MACC assistant superintendent Suziana Ali as respondents.

The lawyers had claimed in their application that they were being compelled through the notice, to be present at the MACC headquarters in Putrajaya on March 23, 2012 to assist in investigations involving NFC executive chairperson Mohamad Salleh Ismail.

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

Latheefa and Murnie Hidayah claimed they were served the notice on the same day, on March 19, 2012, after accompanying their client, former NFC consultant Shamsubahrin Ismail to the MACC office to give his statement regarding Mohamad Salleh’s case.

They contended that the notice was void and contravened the provisions under Article 5(2) of the federal constitution.     

High Court judge Zaleha Yusof ruled the notice as invalid and an abuse of power.

She also ruled that MACC officers did not have the authority to record statements from lawyers who accompany their clients.

Meanwhile, senior federal counsel Suzana Atan appeared for MACC in the appeal, while Latheefa and Murnie Hidayah were represented by lawyer R Sivarasa.

- Bernama