MACC to appeal ruling on Section 62

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) is set to appeal the ruling made by the Court of Appeal that Section 62 of the MACC Act is unconstitutional.

MACC said yesterday its prosecutors would file an appeal with the Federal Court “as soon as possible”.

“MACC wants to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

The commission said it was confident and consistent with any decision made, and would continue handling the case transparently, professionally and in accordance with legal procedures.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, and was thus unconstitutional.

Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of a trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty, save in accordance with the law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The decision was made after the court allowed appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.

On March 7, the High Court had dismissed Lim and Phang’s application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused’s rights to a fair trial.

Lim pleaded not guilty to corruption charges in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market price on June 30 last year.