KUALA LUMPUR: The High Court here today allowed the prosecution’s application to hold in-camera proceedings for 11 of its 37 witnesses in the trial of former Malaysian External Intelligence Organisation (MEIO) director-general Hasanah Abdul Hamid.
Judicial Commissioner Ahmad Shahrir Mohd Salleh said he allowed the application in the interest of national security.
“The prosecution would be exposing national security matters to public gaze and extensive media coverage should the evidence of the 11 prospective witnesses be taken in open court,” he said.
Ahmad Shahrir said the decision was also made after taking into consideration the affidavit affirmed by the director-general of the Research Division of the Prime Minister’s Department.
He said the affidavit stated, among others, that if the trial is not held in camera, the identities of the prospective witnesses will be “laid bare” to the public.
“This will compromise their ability to effectively perform their duties in the interest of national security and could even expose them to grave danger.
“Also, the credibility of the Research Division of the Prime Minister’s Department will be severely affected and its covert functions will be very much clipped and crippled.
“Based on these reasons, I find that the applicant had satisfied this court of the expediency to hear the evidence of the 11 prospective witnesses in camera in the interest of national security. I hereby allow the application,” he said.
Ahmad Shahrir said that in the interest of a fair administration of justice, it is the duty of the court to exercise powers as provided for under the Courts of Judicature Act to direct that certain parts of the trial be held in camera.
“In doing so, I do not find that the respondent (Hasanah) would be prejudiced in any manner in effectively advancing her defence.
“It is still open to the respondent, during the cross-examination, to put her defence across to the prospective 11 witnesses,” he said.
On Oct 25, 2018, Hasanah, 62, pleaded not guilty to a charge of committing CBT amounting to US$12.1 million (RM50.4 million) in funds belonging to the government when serving as the director-general of the Research Division.
She was charged with committing the offence between April 30 to May 9, 2018 under Section 409 of the Penal Code, which provides for a maximum of 20 years’ jail and whipping as well as a fine, if found guilty. - FMT
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