Ex-spy chief's case postponed because of typo

The Kuala Lumpur High Court has fixed July 12 to hear the Malaysian Anti-Corruption Commission’s application to strike out the originating summons filed by Hasanah Abd Hamid (photo). 

The court, preceded by Justice Mohd Sofian Abd Razak, will also hear the originating summons by Hasanah. 

The former director of the Malaysia External Intelligence Organisation filed the summons on March 28.

The hearing, which was scheduled to take place today, was postponed as the
court heard a request by Hasanah's counsel Shaharudin Ali to amend certain words in the affidavit.

Shaharudin made an oral request to Mohd Sofian to omit the word 'tidak' in 'harta tidak alih' (immovable property), thus changing the original sentence to 'harta alih' (movable property).

He admitted to making a typo on the sentence when drafting the supporting affidavit for the originating summons. 

The prosecution objected to Shaharudin's request on the grounds that the amendment would be considered an "afterthought" when both parties had filed their affidavit, and that the counsel had only given the corrected affidavit this morning.

Shaharudin argued that "afterthought" means "recent invention," and that is not what the counsel was doing.

"It's just a correction. So what after thought we are talking about here?," he said. 

After hearing arguments from both sides, Mohd Sofian granted the request after he ruled that there is no prejudice by deleting the said word, as well as to save the court's time and cost.

On Oct 25 last year, Hasanah claimed trial to criminal breach of trust involving US$12.1 million (RM50.4 million). 

She is seeking a declaration that Section 37(1) of the MACC Act, in relation to the freezing of her account in September last year, contravenes Article 5 and 13 of the Federal Constitution, and hence should be declared null and void. 

Section 37(1) allows the public prosecutor to direct a bank to freeze any account based on the information given.

Hasanah claimed that throughout the remand period from Aug 29 to Sept 3, MACC had not informed her that her account had been frozen. 

She only found out that her account was frozen after she failed to make a transaction on Sept 4.

Speaking to reporters today, Shaharudin reiterated that the frozen account comprised Hasanah's pension money, and not related to 1MDB or illegal means. 

"This is the first time that Section 37 is being challenged in court as it is against the constitution.

"The MACC had never said that the money is illegal, stolen, or linked to 1MDB. The frozen money is her pension money," he said. - Mkini