by BERNAMA / pic by BERNAMA
Former director-general of Malaysia External Intelligence Organisation (MEIO) Datuk Hasanah Abdul Hamid (picture) today withdrew her appeal against the High Court’s dismissal of her lawsuit against the Malaysian Anti-Corruption Commission (MACC) and the Government for not letting her consult her lawyer while she was remanded in 2018.
Hasanah, 62, told the Court of Appeal that she had discharged her counsel Datuk Shaharudin Ali and did not wish to pursue the appeal.
Deputy public prosecutor Wong Poi Yoke did not object to the withdrawal.
Justice Datuk Dr Hamid Sultan Abu Backer who sat with Datuk Seri Kamaludin Md Said and Datuk Hanipah Farikullah subsequently struck out the appeal with no order as to costs.
During previous proceedings, the court requested for further submissions from the defence team on the issue whether Hasanah was an “aggrieved person” under the law and set today (Feb 26) for mention.
Hasanah, 62, sued MACC and the government for not letting her consult her lawyer while she was remanded for six days from Aug 29, 2018, to assist the investigation into allegations of abuse of power and misappropriation of government funds for the 14th General Election (GE14).
In her originating summons, Hasanah sought a declaration that the notification letter issued by the MACC under Section 28A (8) and (9) of the Criminal Procedure Code (CPC) prohibiting her from consulting her lawyer while being held under remand contravened Articles 5(3) and 8 of the Federal Constitution.
She claimed that Section 28A is unlawful, null and void, and cannot be enforced against her.
In October 2018, Kuala Lumpur High Court Judge Datuk Nordin Hassan held that Section 28A (8) and (9) of the CPC were not discriminatory in nature as it did not deny the right to counsel, but it was rather the suspension of those rights during the remand period.
On Oct 25, 2018, the former MEIO chief was charged with criminal breach of trust involving US$12.1 million (RM50.4 million), to which she claimed trial.