Police 'shifting goalpost' over Azmin's questioning, says his lawyer

 

Azmin Ali’s lawyer has accused the police of "shifting the goalpost" over the Hulu Kelang assemblyperson's summoning for questioning.

In a statement today, Sasha Lyna Abdul Latif said she had been informed during the numerous discussion sessions with the case's investigating officer that Azmin was summoned over his remark in the Selangor state legislative assembly.

"I can confirm that it is in fact misinformation by the Selangor police chief (Hussein Omar Khan), in an attempt to avoid mounting criticisms for breaching the state assembly privileges.

"The investigating officer had communicated with Azmin's officer and me prior to the issuance of the notice under Section 111 (of the Criminal Procedure) that stated the date and time of the reported incident as being 3.30pm on Feb 28, 2024, at the Selangor state legislative assembly.

“This is conclusive," said Sasha, who is also Bersatu’s Legal & Constitution Bureau deputy chairperson.

She was responding to Hussein's remark yesterday that Azmin was summoned to provide a statement at the Shah Alam District Police Headquarters under Section 112 of the Criminal Procedure Code, to facilitate investigations under Section 203A of the Penal Code, which pertains to the disclosure of information.

Selangor police chief Hussein Omar Khan

Hussein clarified that the investigation was initiated following a police report filed on March 14 by an officer from the Selangor State Development Corporation (PKNS), who alleged that the corporation's confidential documents had been leaked.

"The officer claimed that some inaccurate information was disclosed to the public, which could potentially tarnish the image and reputation of PKNS.

"Azmin's presence is to facilitate the investigation into the document leak and is not related to matters raised in the state legislative assembly on Feb 28," Hussein said.

Cease probe, harassment

Sasha questioned why Hussein was contradicting the police notice issued to summon Azmin.

"Now that there is a backlash, the police seem to be shifting the goalposts.

"In the spirit of upholding the sanctity and the immunity and privileges given to MPs and state assemblypersons, as well as to safeguard its members from intimidation which could curtail the members' duty to voice out on public issues, Azmin filed a legal suit to review the unlawful police notice.

"It is basic to our democracy that a member of the state assembly is protected under the Federal Constitution and the Laws of the Constitution of Selangor 1959 for any statements and/or remarks made in the dewan," she said.

Sasha Lyna Abdul Latif

Sasha then urged the police, and the state and federal governments to cease all investigations and "harassment" against Azmin and other opposition members over remarks made in the house, or documents revealed therein.

Two days ago, opposition whip Takiyuddin Hassan urged an immediate cease in the "draconian" probe against Azmin.

He said the immunity and protection of MPs and assemblypersons from any criminal prosecution or civil action against what they say in the dewan, as long as they're not against the standing order, is guaranteed under Article 63 of the Federal Constitution and state constitutions.

This is particularly in Sections 2 and 3 of the Selangor state constitution 1959, Takiyuddin noted.

Azmin's challenge

Earlier this week, Azmin challenged the police calling him in to give a statement about his speech.

The Selangor state opposition leader also instructed his lawyer to file an application in the Shah Alam High Court for a judicial review of the police's action and decision to issue the notice.

Previously, Azmin reportedly asked the state government during a state assembly debate to explain the PKNS sale of PJ Sentral development rights - which is expected to yield an RM1.04 billion return - to Malaysian Resources Corporation Bhd (MRCB) for RM270 million.

Azmin also cited a report in The Edge on Feb 29 that property developer Tropicana Corporation Bhd had acquired a leasehold land in Kota Damansara for RM224 million.

However, Selangor Menteri Besar Amirudin Shari, who is also the PKNS chairperson, dismissed the allegations that PKNS’ finances are performing poorly and is saddled with an RM5.7 billion debt.

Instead, he said PKNS’ financial position is good and is still generating profits from its core operations. - Mkini