Yusmadi Yusoff argues that AG’s Chambers only has the power to prosecute. - Picture by Choo Choy May

By Debra Chong(The Malaysian Insider)

SHAH ALAM, Sept 8 – The Pakatan Rakyat-ruled Selangor state government’s move to protect its employees from what it claims has been highly irregular interrogation practices by the Malaysian Anti-Corruption Commission (MACC) appears set to become a landmark case in the country.

This follows after the death of Teoh Beng Hock, a former reporter turned political secretary to first-term state executive councillor Ean Yong Hian Wah. He was found dead outside the Selangor office of the MACC on July 16, after being questioned overnight over claims that his boss had abused state funds.

Following the tragic incident, Mentri Besar (MB) Tan Sri Khalid Ibrahim issued a directive last July to stop some 18,000 state government staff from being interrogated by the MACC outside of office hours.

A couple of weeks later, the Attorney-General (AG) issued a summons declaring Khalid’s circular to be against the law on the grounds that it was interfering with the graft busters’ duties.

But Khalid struck back last Friday, when he filed papers at the High Court here to set aside the AG’s originating summons.

In his affidavit, which is as thick as a telephone directory, Khalid pointed out that the AG had no standing to take legal action against the state government as it was the MACC, an independent and separate statutory body, that was affected by the ruling.

The AG’s Chambers only has the power to prosecute and was, in fact, interfering with the state’s action, said lawyer Yusmadi Yusoff, who was in court today representing the PR state government.

The High Court deputy registrar fixed Sept 15 for the mention of the suit, which is now at the case management stage.

The AG will have to file his affidavits in reply.