Lim fails to have Sec­tion 62 of MACC Act de­clared void

New Straits Times - - News -

GE­ORGE TOWN: The High Court here yes­ter­day dis­missed a mo­tion filed by Chief Minister Lim Guan Eng and busi­ness­woman Phang Li Koon to de­clare Sec­tion 62 of the Malaysian Anti-Cor­rup­tion Com­mis­sion (MACC) Act 2009 “un­con­sti­tu­tional”.

Judge Had­hariah Syed Is­mail dis­agreed with their claim that Sec­tion 62 shifted the bur­den of proof from the pros­e­cu­tion to the ac­cused.

“The bur­den of proof re­mains with the pros­e­cu­tion, and has not shifted to both the ac­cused. No one is say­ing that both ac­cused are not pre­sumed in­no­cent un­til proven guilty. The court will en­sure both ac­cused re­ceive a fair trial. Hav­ing con­sid­ered the act in its to­tal­ity, there is no rea­son for the court to de­clare that it is un­con­sti­tu­tional... it is con­sti­tu­tional and valid.”

Both Lim and Phang were not present in court. They were rep­re­sented by Gobind Singh Deo and Datuk V. Sitham­baram, re­spec­tively.


Minister in the Prime Minister’s De­part­ment Datuk Seri Nancy Shukri (cen­tre) at the meet-and-greet ses­sion with women in the pub­lic trans­porta­tion in­dus­try in con­junc­tion with In­ter­na­tional Women’s Day at the Pusat Ban­dar Da­mansara MRT sta­tion in Kuala Lumpur yes­ter­day.

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