High Court strikes out former spy chief's originating summons over frozen bank accounts


KUALA LUMPUR: The High Court today struck out former spy chief Datuk Hasanah Abdul Hamid's originating summons to challenge the freezing of her bank account by the Malaysian Anti-Corruption Commission (MACC).

Justice Datuk Mohd Sofian Abd Razak on Friday (July 12) said that the civil court did not have jurisdiction over the matter, adding that it should be brought to the criminal court instead.

"The court is of the view that (as the freeze was done under the MACC Act 2009) the civil court does not have the power to hear the challenge as it involves elements under criminal law.

"The remedy is to file a constitutional challenge to the criminal court," said Mohd Sofian.

He also ordered the former head of the Malaysian External Intelligence Organisation (MEIO) to pay RM1,000 to the MACC.

Hasanah's counsel Datuk Shaharuddin Ali, when met outside the courtroom, said that he would seek further instructions from his client.

"We still need to discuss whether we will file this case in the criminal court or to appeal. We are not talking about a criminal case, who is right or who is wrong – we are asking the court to interpret only Section 37(1) of the MACC Act 2009.

"And the only right method we know on the books on how to do it is through an originating summons in the civil court, we don't do that in the criminal court," he said.

Deputy Public Prosecutors Ahmad Farid Ahmad Kamal and Muhammad Iskandar Ahmad represented the MACC.

Hasanah filed the originating summons on March 28, naming the MACC and the government as respondents.

She sought for the court to declare that Section 37(1) of the MACC Act 2009 is null and void and that it contravened Articles 5 and 13 of the Federal Constitution.

She also sought the court to declare that the prohibitory order of immovable property dated Sept 3, 2018, issued by the MACC deputy public prosecutor under the same Section, is null and void.

Hasanah found out that her bank account was frozen on Sept 4, 2018 as she was trying to make a transaction.