KUALA LUMPUR: Lawyers say the decision to limit the Malaysian Anti-Corruption Commision's (MACC) questioning hours will not effect previous cases where statements were taken after-office hours should the Kuala Lumpur High Court ruling stay.

Former Bar Council president Datuk Kuthubul Zaman Bukhari said as statements recorded prior to the decision by the High Court will not be affected by it, there will be no necessity for MACC re-taking statements from witnesses questioned after-office hours.

However, he said, if the prosecution decided to tender those statements as evidence, the issues of admissibility and voluntariness could be questioned by the defence and as a result, may have a bearing on the court's decision.

"It will not be an issue if the statements are not tendered as evidence." Lawyer Wan Azmir Wan Majid said there was no specific legal provision that touched on documents or statements that were taken illegally.

However, one judgment said that evidence collected illegally or not via the proper provisions does not nullify it and will not affect its admissibility in court.

"But it may affect the credibility or weight of the evidence," he said.

Lawyer Satish V. Nair said the "only during office hours" ruling would not have any retrospective effect on previously taken statements as he believes that if it were to be applied, it could result in a massive backlash.
He also agreed that it might have an affect on their admissibility in court.

"For now, if the Court of Appeal were to uphold the decision, it is possible that the law will be amended to permit MACC to interview witnesses after-office hours on a case-by-case basis, depending on the urgency of the matter," he said.

Following the death of political aide Teoh Beng Hock on July 16, the High Court ruled on Nov 19 that it was illegal for MACC to question witnesses and suspects other than during the normal office hours of 8.30am to 5.30pm.

The same day, lawyer and DAP chairman Karpal Singh said those who had been interrogated, including suspects, beyond office hours in the last three years could file cases against the government and the police for damages as stipulated under the Public Authorities Protection Act 1948.

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