What is the public policy concern regarding MACC witness statement disclosure?

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Public policy concerns prevent MACC from disclosing recorded witness statements due to the risk of witness tampering.

The Malaysian Anti-Corruption Commission (MACC) is bound by public policy that prohibits the disclosure of recorded witness statements. This stems from the potential for such disclosures to lead to the tampering of witnesses, thereby compromising the integrity of investigations. This principle is further reinforced by legal provisions that protect official communications.
Legal basis for non-disclosure

Section 124 of the Evidence Act explicitly states that public officers cannot be compelled to reveal communications made under official confidence. This provision serves as the legal underpinning for the MACC's stance on withholding recorded statements. It ensures that sensitive information gathered during an investigation remains protected from public scrutiny to maintain the efficacy of the process.
Withdrawal of an application for witness statements

In a related development, Datuk Seri Dr Ahmad Zahid Hamidi withdrew an application to obtain recorded statements from MACC witnesses in a case concerning Yayasan Akalbudi funds. This withdrawal followed a High Court ruling on May 9, where Justice Datuk Collin Lawrence Sequerah had previously declared the documents privileged and not to be shared with the defence. Ahmad Zahid had subsequently filed an appeal against this decision.
Ongoing legal proceedings and case status

The case involving Yayasan Akalbudi funds, for which Ahmad Zahid faces 47 charges including criminal breach of trust, graft, and money laundering, is ongoing. The defence had presented six witnesses, including Ahmad Zahid himself. The High Court had ordered the former Deputy Prime Minister to enter his defence on April 13. The proceedings are scheduled to resume on January 16 of the following year, with the appeal notice having been filed at the Court of Appeal.

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What is the public policy concern regarding MACC witness statement disclosure?

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