Lock-up attire, handcuffs for Tei were procedural, says ex-MACC chief

Former Malaysian Anti-Corruption Commission (MACC) chief commissioner Azam Baki defended the agency's use of orange lock-up attire and handcuffs on businessman Albert Tei, stating the measures were taken for procedural reasons and not as punishment. Azam cited MACC Chief Commissioner’s Directive No. 2/2020 as the legal basis for such actions.

The directive, he said, is not in violation of Article 5(1) of the Federal Constitution, which protects personal liberty, as the orange uniform and handcuffs were not punitive and did not constitute a finding of guilt. Tei, who filed a lawsuit in January challenging MACC's actions, is seeking compensation and court rulings that his treatment was invalid and unconstitutional.

He is named along with MACC and the government as defendants in the suit. In his response to Tei's lawsuit, Azam rejected the businessman's claim that the lock-up attire violated Article 8(1) of the Federal Constitution, which guarantees equality before the law. Azam stated the attire was used in line with laws governing detention procedures and that Tei failed to provide a clear explanation of how the uniform breached Article 8(1).

The affidavit also detailed MACC's attempts to reach Tei on November 26, 2022, following instructions from MACC's assistant commissioner, Fadzley Abdul Jalil. Azam admitted to rejecting some of Tei's allegations, but stated he would leave the rest to federal counsel to handle during the legal proceedings. Azam, who stepped down as MACC chief on May 12 after his contract expired, is seeking to dismiss Tei's originating summons with costs. The hearing of the case is set for October 26.