KUALA LUMPUR, Nov 20 – The Malaysian Anti-Corruption Commission (MACC) said today they would comply with yesterday’s landmark High Court decision on when witnesses can be interviewed.
Judicial Commissioner (JC) Mohamad Ariff Md Yusof had ruled that the MACC can only carry out questioning during office hours which is between 8.30am and 5.30pm.
In a statement today, MACC stated its headquarters would issue new guidelines to all their offices nationwide.
Mohamad Ariff had pointed out in his ruling that the meaning of the phrase day to day as laid down in Section 30(3)(a) of the MACC Act – cannot mean round-the-clock investigation, which includes recording statements from the witness.
He also found that MACC to have acted illegally when it detained Kajang town councillor Tan Boon Wah overnight at its Selangor head office in Plaza Masalam, Shah Alam.
Tan had sought a judicial review over his detention and the High Court ordered the MACC to pay him damages for false imprisonment, between 9.45pm on July 15 and 2.53am on July 16.
The amount of damaged to awarded to him has been left to the court registrar’s office to determine.
Tan was questioning by the MACC at their Selangor Headquarters in Plaza Masalam on allegations that state funds were abused by DAP state executive councillor Ean Yong Hian Wah, about 9pm on July 15, the same day as political aide Teoh Beng Hock.
Teoh, Ean Yong’s political aide, was also interrogated overnight and found dead the next afternoon on a fifth-floor landing at Plaza Masalam, Shah Alam.
The MACC maintains Teoh was released from their custody, earlier the same day, while police had classified the case as “sudden death” which is the terminology used for suicide.
However an ongoing inquest is being held to determine if there was foul play.
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