KUALA LUMPUR, May 24 — The Bar Council today slammed the Federal Court’s decision last week to grant the Malaysian Anti-Corruption Commission (MACC) powers to interrogate witnesses beyond office hours.Bar Council president Ragunath Kesavan said today the apex court’s decision in the case of Kajang councillor Tan Boon Wah negated the fundamental liberties of witnesses and “does not safeguard their interests.”He claimed that the ruling gave MACC “too much leeway” and did not offer witnesses any option to decline to be questioned.“The courts play a crucial role as the arbiter of disputes between individuals and the state, and functions as a check-and-balance mechanism. However, the ruling, which gives the MACC too much leeway, bears testament that the courts have failed in that role,” said Ragunath in a statement.
The lawyer stated that a law enforcement agency’s powers to interrogate both witnesses and accused persons cannot be limitless, and that such powers must be subject to the rule of law and must uphold an individual’s fundamental liberties.“Witnesses who aid law enforcement agencies in investigations should surely, at a minimum, be accorded the same protection and rights as accused persons, whose right to be allowed adequate rest is guaranteed by Rule 20 of the Lockup Rules 1953.“Witnesses would then be encouraged to be forthcoming in assisting with investigations, as they would have no reason to fear the interrogation process or dread being unduly detained for long and unreasonable hours.“The Malaysian Bar had earlier expressed its disappointment when the Court of Appeal overturned the High Court’s commendable ruling that the MACC can only undertake interrogation of witnesses from 8.30am until 5.30pm. The High Court’s decision was a positive step forward in safeguarding human rights and improving the practices of law enforcement agencies,” said Ragunath.The Federal Court had unanimously dismissed Tan’s appeal against a Court of Appeal decision which went against an earlier High Court ruling where he had won a limit to the time anti-graft officers could question witnesses.The Malaysian Bar’s statements echoed Tan’s lawyer, Karpal Singh’s concerns that the Federal Court ruling would only give the impression that suspects were treated better than witnesses.However, Ragunath also said that the Malaysian Bar welcomed the fact that MACC would now have to provide justification for interrogating witnesses after office hours.“We welcome the MACC Chief Commissioner’s reported statement that MACC officers have been directed to conduct their investigations during office hours and that the officers have to provide justification for ‘taking evidence after office hours’.“We reiterate our position that witnesses can be interrogated outside of office hours if the witnesses agree to do so, and attend the interview with their legal counsel. Both the appellate courts’ decisions, however, permit the MACC to compel witnesses to appear and be questioned, including for long periods of time that stretch beyond office hours, with no option for them to decline,” he added.Ragunath called on the government to take immediate steps to protect the rights of witnesses and to promote transparent and accountable investigations, which would in turn enhance the credibility of law enforcement agencies.The significance of the Federal Court ruling comes after MACC officers had questioned DAP political aide Teoh Beng Hock overnight last year, before he mysteriously fell to his death from their office in Shah Alam.Teoh’s death is now the subject of a coroner’s inquest. It has affected the credibility of the MACC and caused public confidence in the agency to plummet significantly. Teoh, who was the political aide to Selangor executive councillor Ean Yong Hian Wah, was found dead on July 16 outside the Malaysian Anti-Corruption Commission (MACC) office in Shah Alam.The 30-year-old’s body was found sprawled on the roof of a five-storey building after he was interrogated as part of MACC’s investigation into the misuse of state allocations by the Selangor assemblymen.
Source from : http://www.themalaysianinsider.com/
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