Bersatu’s Ratu Naga has gone to court to safeguard her fundamental right to be represented by lawyers during interrogation by MACC.
Plaintiff Syarul Ema Rena Abu Samah filed the originating summons at the Kuala Lumpur High Court on Feb 26.
Her legal action against MACC and two other defendants is linked to her arrest by the anti-graft agency on Feb 16. She was released later the same day.
The other two defendants are MACC chief commissioner Azam Baki and the federal government.
According to the cause papers, she seeks two court declarations, one of them being that she has a fundamental right under Article 5 of the Federal Constitution to be represented by counsel when being questioned by MACC.
The other declaration sought is that the infringement of Syarul’s right to counsel during MACC interrogation violated her constitutional right to liberty and equality before the law.
Dispute over ‘arrest’
On Feb 16, while Syarul was under arrest, her lawyer Nabila Khairuddin reportedly disputed Azam’s statement that her client was not arrested.
According to the lawyer, the statement that her client was summoned to give a statement and not arrested is untrue.
“Her house was raided this morning (Feb 16) and she was picked up and taken in an MACC car to Putrajaya,” she said.
Nabila also claimed her client was not allowed to meet with her lawyer or husband.
Earlier, Azam told Malaysiakini that Syarul was picked up for questioning but denied that she was under arrest.
“We only summoned her to record her statement, to facilitate investigation under Section 16 of the MACC Act,” he said but declined to elaborate.
Syarul’s husband, Ezad Zainal told Malaysiakini that a team of five MACC officers arrived at their house in Jalan Klang Lama just before 9.30am and started searching the premises for about 20 minutes.
Meanwhile, sources told Malaysiakini that the activist was picked up to facilitate investigations into a graft allegation by Bersatu information committee member Badrul Hisham Shaharin against Shamsul Iskandar Mohd Akin, a senior political aide to the prime minister.
Badrul had accused Shamsul of abusing NGO funds. The latter has denied this.
Law firm Daim and Gamany is acting for Syarul.
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