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The Malaysian Bar welcomes the High Court’s recent ruling that the Malaysian Anti-Corruption Commission can only question witnesses between 8.30am and 5.30pm.  This decision recognises and protects witnesses, who have the right not to be interrogated outside of office hours.  The Court’s reasoning, which is based on the Federal Constitution’s provisions that safeguard an individual’s fundamental liberty, is to be commended.

Even detained persons have the right not to be interrogated during the night and to be allowed adequate rest.  Rule 20 of the Lockup Rules 1953 provides that detainees “shall be locked up for the night by 6.30 p.m. and shall rise and be dressed by 6.30 a.m.”   

Witnesses in an investigation should, at a minimum, be accorded the same protection and rights.  They cannot be compelled to give testimony outside of office hours, but may be allowed to do so if they are agreeable to such an arrangement, and they should always be permitted access to legal counsel of their choice during questioning.

The High Court’s ruling in no way diminishes the duty of law enforcement agencies to preserve law and order both day and night, as many other tasks can be conducted outside of office hours.  Inspector-General of Police Tan Sri Musa Hassan’s reported statement that “it would be pointless to operate round-the-clock if police could not record statements from witnesses after office hours” appears not to take into account the plethora of tasks that law enforcement personnel engage in aside from the questioning of witnesses.   

The High Court’s decision is a positive step forward in safeguarding human rights and improving the practices of law enforcement agencies.  The result will, in the long run, enhance the credibility of such agencies. 


Ragunath Kesavan
President
Malaysian Bar

30 November 2009