KUALA LUMPUR: Former Malaysian External Intelligence Organisation (MEIO) director-general Datuk Hasanah Abdul Hamid is suing the Malaysian Anti-Corruption Commission (MACC) for not allowing her to 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 & Co on Aug 30.
She named the MACC and the government as the first and second respondents respectively.
Lawyer Datuk Shaharudin Ali, who represented Hasanah, said Tuesday (Sept 4) was fixed for case management in the chambers of High Court judge Justice Azizah Nawawi, who later scheduled Sept 24 for hearing of the originating summons.
In her suit, Hasanah is seeking a declaration that the notice issued by the MACC under Section 28A(8) and (9) of the Criminal Procedure Code, which barred her from consulting her lawyer throughout her remand period, is ultra vires to Article 5(3) and Article 8 of the Federal Constitution.
The applicant claims 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 Monday (Sept 3) on MACC bail.
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