Former Malaysian External Intelligence Organisation (MEIO) director-general Hasanah Abdul Hamid's challenge over her right to consult lawyers while under detention will be heard at the High Court in Kuala Lumpur on Sept 24.
Justice Azizah Nawawi fixed the date after meeting Hasanah's lawyers, Shahrudin Md Ali and Mohd Khairul Azam Abdul Aziz, and senior federal counsel Norzilati Izhani Zainal @ Zainul in chambers.
Shahrudin told this to reporters after case management of the matter today.
Hasanah was arrested by MACC on Aug 28 and slapped with a five-day remand the following day. She was released from MACC custody yesterday.
The commission has been investigating the former spy chief and seven other government intelligence officers in relation to the alleged misappropriation of funds of up to US$12 million meant for the recent general election.
Her lawyers filed her challenge over the constitutionality of Sections 28(8) and 28(9) of the Criminal Procedure Code (CPC) on Aug 28.
Hasanah had named the MACC and government as respondents in her originating summons.
Hasanah is seeking a declaration that the CPC sections are ultra vires of Articles 5(3) and 8 of the Federal Constitution regarding the right to legal representation and equality respectively, and as such, are not enforceable against her.
She is also asking for the costs of the action and other relief deemed fit by the court.
She is also asking for costs of the action and other relief deemed fit by the court in the originating summons.
Khairul Aznam filed a certificate of urgency for the matter to be heard quickly, resulting in the hearing to be set for Sept 24.
He also affirmed an affidavit in support where he claimed that not being able to give legal advice to Hasanah, based on Section 28 (8) and (9), is against the rule of law principle and made her right to a lawyer illusory.
The lawyer said he had to affirm the affidavit as his client was not able to affirm it as he went to court after Hasanah was picked up on Aug 28, and the MACC did not want to give details of her arrest or the reason for her arrest.
Her lawyers had indicated on Aug 31 their intention to sue the MACC following purported leaks on the investigation into the alleged misappropriation of US$12 million. - Mkini
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