KUALA LUMPUR: Social media personality Syarul Ema Rena Abu Samah, better known as Ratu Naga, has failed in her attempt at the High Court to refer constitutional questions relating to her lawsuit to the Federal Court.
High Court judge Justice Mahazan Mat Taib dismissed her application yesterday on grounds that it did not meet the threshold required under Section 84 of the Courts of Judicature Act, as her purported detention under the Malaysian Anti-Corruption Commission (MACC) remained in dispute.
In her application, Syarul Ema wanted to raise constitutional questions from her lawsuit relating to her claim that she was denied access to legal counsel during the 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 because they are inconsistent with Article 5(3) of the Federal Constitution.
The legal provisions pertain to the right of an arrested person to consult a lawyer, which Article 5(3) safeguards.
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” she received for helping NGOs secure grants.
The activist claimed that she was denied access to her lawyers on the day she was arrested.
