‘Section 62 of Act unconstitutional’

> Court makes unanimous decision on appeal

PETALING JAYA: The Court of Appeal has ruled Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 as unconstitutional following an appeal by Penang Chief Minister Lim Guan Eng and a businesswoman.

The three-man bench led by Datuk Umi Kalthum Abdul Majid made the unanimous decision to strike out the Act which requires an accused person to file his or her defence before trial.

Lim along with businesswoman Phang Li Koon were both charged with graft over his house purchase deal, last year.

He was charged with using his public office or position to obtain gratification for himself and his wife, Betty Chew, by approving an application by Phang’s company, Magnificent Emblem, to convert agricultural land to residential purpose during a state planning committee meeting on July 18, 2014. Lim is alleged to have used his position to obtain gratification by purchasing his house from Phang at RM2.8 million, which was below the property’s market value of RM4.27 million on July 28, 2015.

While Phang was charged under Section 109 of the Penal Code for abetting Lim on July 28 last year with regard to his purchase of the house whereby Lim had allegedly committed an offence under Section 165 of the Penal Code.

Section 62 states that once delivery of documents by the prosecution has taken place, the accused shall deliver a defence statement setting out the defence and copies of documents which will be tendered as part of the evidence for the defence.