Hasanah’s suit against MACC thrown out

KUALA LUMPUR: The High Court here has dismissed a lawsuit filed by ex-spy agency boss Datuk Hasanah Abdul Hamid against the Malaysian Anti-Corruption Commission (MACC), in which she alleged that it did not allow her to consult her lawyer while she was in remand.

In his decision, High Court judge Justice Nordin Hassan said Sections 28A(8) and (9) of the Criminal Procedure Code, which touched on the rights of an arrested person, did not infringe on the rights under the Federal Constitution.

“Both sections do not deny the right to counsel, but it is rather the suspension of those rights during the remand period,” he said here yesterday.

Justice Nordin also remarked that the sections were not discriminatory in nature.

“Sections 28A(8) and (9) of the Code apply equally on any arrested person. It is a good law,” he added.

Justice Nordin also cited a Federal Court decision stating that the right to counsel starts on the day of the arrest, but cannot be exercised if it impedes on a police investigation.

“It is the duty of the police to protect the public. The right should not be exercised to the detriment of any investigation by the police. I have no reason to depart from the reasons of the apex court,” he said.

The suspension of right, Justice Nordin said, was not only recognised by the Malaysian jurisdiction but in jurisdictions in Singapore and India too.

The court did not make any order as to costs.

Senior federal counsel Norzilati Izhani Zainal @ Zainol appeared for the respondents.

Hasanah’s counsel Datuk Shaharudin Ali told the media that he would be appealing against the decision.

On Aug 30, Hasanah, who is the former Malaysian External Intelligence Organisation (Meio) director-general, sued the MACC for not letting her consult with her lawyer while she was remanded on allegations of abuse of power and misuse of GE14 funds.

Hasanah filed the originating summons through Messrs Azam Aziz Shaharudinali and Co.

She named the MACC and the government as the first and second respondents respectively.

In her suit, she sought a declaration that the notice issued by the MACC was ultra vires Articles 5(3) and 8 of the Constitution.

Hasanah claimed that Section 28A is unlawful, null and void, and cannot be enforced against her.

In her supporting affidavit, she said Article 5(3) of the Constitution allowed a person who was arrested the basic right of consulting with a lawyer and the right of representation.

Hasanah was remanded for six days from Aug 29 to assist in the investigation into power abuse and misuse of GE14 funds.

She was released on Sept 3 on MACC bail.