SHAH ALAM: The Selangor Government today filed an affidavit in reply to the application by Attorney General Tan Sri Abdul Gani Patail to nullify a state circular instructing all government officers and staff to assist MACC investigation during office hours with the presence of a lawyer.

The affidavit was signed by Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim and was filed through its solicitor Messr Fahda and Yusmadi at the Shah Alam High Court registry at 3pm’ The state legal team is headed by senior lawyer Tommy Thomas who is assisted by Nur Fahda Ahmad Kamar and Yusmadi Yusof,

The 55-page affidavit has among others stated Selangor’s intention not only to challenge the application filed by the AG but also to set it aside AG’s application through a summons in chambers application which was also filed at the High Court registry today.

In his affidavit, the Menteri Besar stated that the circular dated July 28, 2009 was issued after the state sought the advice of its Legal Advisor and was meant to assist MACC in their investigation and not  otherwise as contended by the AG.

It was also stated that the AG has no locus standi to initiate the originating summons as the circular has no direct affect against him. Instead the party to the matter should have been MACC which is a statutory body.

The affidavit also related detailed accounts of harassment by MACC against the Selangor Government administration and that method of investigation practiced by MACC does not follow the realms of the law. Among the detailed accounts include investigation via phone calls without notice, surprise visit without proper identification, seizure of documents without notice and interrogation during appropriate hour.

The Menteri Besar also said that the circular did not challenge MACC’s powers to investigation. Instead it is the provisions within the MACC Act that has violated the citizens’ constitutional rights to life and liberty, counsel of choice and equality

PRESS SECRETARIAT 

OFFICE OF THE SELANGOR MENTERI BESAR