Oct 26 decision on ex-spy agency boss’ application

KUALA LUMPUR: The High Court will decide on Oct 26 an application by former director-general of the Malaysia External Intelligence Organisation (Meio), Datuk Hasanah Abdul Hamid, to declare Section 28A (8) (9) of the Criminal Procedure Code (CPC) as unconstitutional.

Judge Datuk Shaharudin Ali said he had to go through the written submissions of both parties.

“I have to read all the authorities submitted to me before making judgment,” he said after hearing oral submissions from the respondents and applicant.

Hasanah had sued the Malaysian Anti-Corruption Commission (MACC) and the government for denying her the right to counsel when she was held under remand during investigations into alleged abuse of power and misappropriation of government funds for the 14th General Election.

Hasanah filed the originating summons through Messrs Azam Aziz Shaharudinali & Co. on Aug 30, and named the MACC and the government as respondents.

Her lawyer, Datuk Shaharudin Ali, submitted that Section 28A (8) (9) of the CPC prohibiting the appellant from seeing her lawyer while being held under remand contravened Article 5(3) and Article 8 of the Federal Constitution.

However, senior federal counsel Norzilati Izhani Zainal @ Zainol, who was representing MACC, said the applicant’s claim that she was not allowed to meet her counsel was untrue.

“He (Shaharudin) did meet his client. She was represented during the two remand proceedings,” she said.

Norzilati urged the court to dismiss the applicant’s suit with cost.

Hasanah was remanded for six days from Aug 29. She was later released on MACC bail.