Malaysian Bar ‘disappointed’ by court’s decision

By JOSHUA FOONG

joshuafoong@thestar.com.my

PETALING JAYA: The Malaysian Bar has expressed its disappointment with the Court of Appeal’s ruling last week that the Malaysian Anti-Corruption Commission (MACC) can question witnesses beyond office hours.

The ruling last week overturned the High Court’s earlier decision that the MACC could only question witnesses during office hours.

Bar president Ragunath Kesavan described the ruling as being “inimical to the protection of witnesses,” who have the right to refuse interrogation outside office hours.

“The legislation should be interpreted in accordance with the Federal Constitution’s provisions that protect the fundamental liberties of individuals and in a manner that safeguards human rights.

“The reversal of the ruling condones the MACC’s practice of compelling witnesses to appear and be questioned for long hours that may stretch beyond office hours,” he said in a statement.

He said witnesses should be accorded the same protection and rights as accused persons, whose right to be allowed rest is guaranteed by Rule 20 of the Lock-up Rules 1953.

“It is essential that witnesses, whose testimonies are important in court hearings, to not face any actual or perceived intimidation, pressure or coercion during interrogation,” he said while urging the Government to take steps to protect the rights of witnesses.

(Source: The Star Online)

Tuesday, December 22, 2009