Former Malaysian External Intelligence Organisation (MEIO) director-general Hasanah Abdul Hamid may have committed treason in admitting that the leaked letter to the US Central Intelligence Agency is genuine, says a lawyer.
Mohd Haniff Khatri Abdulla believes that Hasanah can be investigated under Section 124C of the Penal Code for attempting to disrupt parliamentary democracy or Section 121 for treason with her admission.
Hasanah should not have revealed that the letter has nothing to do with former prime minister Najib Abdul Razak as the matter is still subject to investigation, the lawyer told Malaysiakini.
“In fact, it is the police who should be making that statement after an investigation – whether Najib is involved or not – as the matter has already been subject to several police reports lodged against the contents of the letter.
“By Hasanah admitting the contents of the letter, she can be investigated under Section 124C or worse still, treason.
“She should be remanded by the authorities and investigated upon as to who is directly behind in giving instructions to writing the contents of the letter. If there is enough evidence, charge her or those behind her in writing the letter,” he said.
Section 124C of the Penal Code is punishable by up to 15 years’ imprisonment, and Section 121 by life imprisonment or death.
‘National security, not party security’
Since the present Pakatan Harapan administration is against employing the Security Offences (Special Measures) Act 2012, Haniff pointed out, police can still apply to remand the former MEIO chief for 14 days to conduct investigations.
The lawyer, who termed the controversy surrounding the letter ‘MEIOgate’, added that the intelligence agency should be used for the interests of national security, and not to keep a particular party in power.
This is why he disagreed with Hasanah’s claim that such leaks are against the Official Secrets Act 1972 (OSA).
“In fact, the person who leaked the letter was doing the right thing, as the previous government’s action is akin to inviting foreign intervention.
“The OSA can be used to maintain the country’s security, but not help maintain a government through illegal means by getting foreign support.
“This is an example of abuse of the law where civil servants are wrong into thinking protecting the BN government is part of national security,” he stressed.
Haniff pointed out that in the Watergate scandal, then-US president Richard Nixon had used state intelligence agencies to spy on his rivals. Though Nixon won the 1972 presidential election, he was later impeached and forced to step down.
In this light, he added, it is fortunate that Harapan won in the 14th general election, since the damage done if Najib had led BN to victory with the support of a foreign power would be beyond repair.
The letter to the CIA had sought US support in the event of BN winning the 14th general election with a narrow margin.
It also painted Najib as a staunch US ally, while describing Prime Minister Dr Mahathir Mohamad as “anti-West” and “anti-Semite”.
– M’kini
Lawyer slammed for saying Najib need not know of CIA letter
THE lawyer representing Hasanah Abdul Hamid, the former director-general of Malaysian External Intelligence Organisation (MEIO), has been criticised for saying that former prime minister Najib Razak did not have to know of the existence of a letter sent to US intelligence asking for their support.
Shaharudin Ali said today said that the letter to the Central Intelligence Agency was a routine operational matter and that a police report has been lodged today to investigate those who leaked the contents of the classified letter.
Shaharudin Ali later confirmed with reporters at his office in Kuala Lumpur that the leaked letter was genuine.
Haniff Khatri Abdulla, who represented Dr Mahathir Mohamad in several suits, said the primary focus of police investigation should be into who were behind the letter.
“The letter is authentic. It was sent by her, under her signature. If there’s no dispute as to the authenticity of the letter, then it gives rise for the necessary authorities to carry out a thorough investigation into whom are the people issuing this letter,” he told The Malaysian Insight.
“Clearly on the face of it, there is a clear indication that there was, at the very least, an invitation to a foreign institute of a foreign government to interfere with the workings of the parliamentary democracy of this nation.”
The act is an offence under Section 124C of the Penal Code, which punishes activities detrimental parliamentary democracy by up to 15 years imprisonment.
Haniff said police investigation into who leaked the letter is of secondary importance because the Official Secrets Act is not designed to hide commission of crime: “The OSA is to protect the interest of the state on confidential information in the interest of the country. Not in the interest of the government.
“So if the government has put out documents like this and when it is leaked, there is no justification to use breach of OSA as a valid defence to hide the letter. They are going on the wrong track by admitting that the letter is authentic. The police may uncover elements of treason, which is punishable by death. This is not a matter to be playful with.”
Haniff added that Najib’s claim that he did not know of this letter is not of primary concern.
“Whether Najib knew of this letter or knew of activities of MEIO is something which must be investigated by the police.
“It’s not for Hasanah to say things and ask us to accept her version of events. Who is she? What authority has she got when she is the subject of an investigation for the perpetration of a crime. Who is she to say others should not be investigated?
“The beneficiary of the letter is obviously Najib and his previous government who wanted to stay in power. How can she say she did not write in without Najib’s knowledge or without his interest? That is the job of the police to investigate. It’s not for her to say,” he said.
Haniff said Hasanah should be detained through the normal process and remanded for a period of time determined by magistrate for statements to be taken.
Haniff said the matter was similar to the Watergate scandal where former US President Richard Nixon and his re-election campaigners were implicated in a robbery of a rival political party in June 1972.
“I call this MEIO-gate. Nixon himself said he was not involved despite initial investigations and based on that he was re-elected.
“Further investigation actually found Nixon was involved by giving certain payments and instructions to people. He was involved in a conspiracy to hide the matter from the FBI. He later resigned.
“That can only happen after investigation is done. Similarly here, you can say all you want that Najib was not an interested party and that Najib didn’t know, but that’s for investigators to find out.”
“Fortunately in our case, Najib lost the election. Can you imagine if Najib had won? This is a (alleged) crime against the nation and it would not have been discovered or crystallised in such a manner to the public.”
– https://www.themalaysianinsight.com
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