KUALA LUMPUR: Political activist Syarul Ema Rena Abu Samah, better known as Ratu Naga, has failed in her attempt at the High Court to refer constitutional questions arising from her lawsuit to the Federal Court.
High Court judge Justice Mahazan Mat Taib dismissed her application on the ground that it did not meet the threshold under Section 84 of the Courts of Judicature Act 1964, as her alleged detention by the Malaysian Anti-Corruption Commission (MACC) remained in dispute.
In her application, Syarul Ema sought to raise constitutional questions from her lawsuit concerning her claim that she was denied access to legal counsel during her detention and questioning by the MACC in February 2024.
The proposed questions concerned whether three provisions in the Criminal Procedure Code — namely Sections 28A(3), 28A(8) and 28A(9) — are invalid for being inconsistent with Article 5(3) of the Federal Constitution.
These provisions concern the right of an arrested person to consult a lawyer, which is protected under Article 5(3).
Justice Mahazan then fixed May 11 for case management to set dates for the hearing of Syarul Ema’s originating summons against the MACC.
Syarul Ema sued the MACC on Feb 26, 2024, claiming a breach of her constitutional right to legal representation following her arrest on Feb 16, 2024.
It was reported that she was being investigated over alleged “rewards” received in connection with helping non-governmental organisations secure grants.
The activist claimed that she was denied access to her lawyers on the day of her arrest.
