Respect the Rights of Witnesses

Much has been spoken and much have been written about the recent Malaysian High Court’s recent ruling that the Malaysian Anti-Corruption Commission (MACC)can only question witnesses between 8.30am and 5.30pm.

After much public discussion, many of them tangential in nature,the Malaysian Bar stepped in to give its learned view. This is the position of the Bar Council's stand on the issue.

Witnesses who aid law enforcement agencies in investigations should surely, at a minimum, be accorded the same protection and rights as accused persons.

However, there is a fundamental distinction between witnesses and accused persons, which must be highlighted. Accused persons can be remanded because they are implicated in the alleged offense, whereas witnesses are integral in assisting the investigation and prosecution process.

It is essential that witnesses, whose testimonies are important in court hearings, not face any actual or perceived intimidation, pressure or coercion during the interrogation process.

The High Court decision relates to the MAAC’s practice of compelling witnesses to appear and be questioned, including for long periods of time that stretch beyond office hours, with no option for them to decline.

The Bar reiterate that if witnesses volunteer to be interrogated outside of office hours, and attend the interview with their legal counsel, any allegation of impropriety or abuse would be immediately dispelled.

Such respect for the Constitutionally-enshrined right to counsel of one’s choice, and adherence to the High Court ruling, will, in the long run, promote transparency and accountability.

Furthermore, witnesses would 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.

We salute the Bar Council for being forthright with its stand.