MACC to appeal COA's decision in the Federal Court

The Malaysian Anti-Corruption Commission (MACC) will appeal the Court of Appeal's striking out of part of its Act in Penang Chief Minister Lim Guan Eng's case in the Federal Court, soon.

In a statement today, the commission said that Court of Appeal's decision yesterday declaring Section 62 of the Malaysian Anti-Corruption Act as unconstitutional would not affect the charges against Lim.

"MACC would like to explain that the decision by the Court of Appeal will not negatively affect prior charges against Lim and businessperson Phang Li Koon.

"MACC is confident in, and will obey any (court) decision and will continue to handle this case in line with legal procedures, and in a transparent and professional manner," MACC said in a statement released today.

In a landmark decision yesterday, the Court of Appeal unanimously struck out Section 62 of the MACC Act and declared it null and void. 

This provision requires all accused persons to prepare their defence statements before the commencement of the trial, a copy of which is to be handed to the prosecution. 

One of the judges on the three-member panel, Justice Abdul Rahman Sebli, said the controversial provision "is like giving the MACC a shotgun while giving the defence a walking stick".

The ruling was made following an appeal by Lim and Phang to declare Section 62 of the said law ultra vires of Articles 5(1) and 8 of the Federal Constitution.

Lim is facing trial for receiving gratification from Phang and has claimed that he is a victim of a political conspiracy.- Mkini