SHAFIE APDAL’S lawyers will challenge the remand order obtained by the Malaysian Anti-Corruption Commission (MACC) against the Parti Warisan Sabah (Warisan) president as it contravenes the MACC Act.

Lawyer Hamid Ismail told The Malaysian Insight they had received instructions to challenge the remand order and have handed over the letter to the court registrar so a High Court judge can review the documents.

“We have not been told who is the judge or when will the application be heard,” Hamid said, adding that the letter was delivered this morning.

In the letter, which was sighted by The Malaysian Insight, Shafie’s legal team gave three reasons why the detention of the former rural and regional development minister is flawed.

First, the remand application was done under the Penal Code and it clashed with the MACC Act.

“The MACC can only apply for a remand under Section 49(4) of the MACC Act and the application is confined to the person detained under Section 49(3) of the same Act.

“We have brought up this issue as an early objection (during the remand application hearing on Friday) but the magistrate rejected it,” Hamid said.

He also said Section 30 of the MACC Act empowered the body to call anyone in to have his or her statement taken.

“Thus, the reasons presented by the MACC in the remand application were to question, cross-examine and obtain a statement from our client for the purpose of the investigation, and this contravenes Section 30 of the MACC Act,” Hamid added.

MACC is expected to bring Shafie to court tomorrow for an extension of the remand.

MACC’s prosecuting officer Faliq Basiruddin denied rumours that Shafir will be charged tomorrow.

“We are still in the investigative process,” Faliq said.

Shafie was transferred from the Queen Elizabeth II Hospital to the lock-up at MACC’s Kota Kinabalu headquarters after receiving treatment for high blood pressure following his arrest on Thursday night.

Magistrate Cindy Mc Juce Balitus on Friday ordered Shafie to be remanded for four days. He was allowed to be detained at the hospital to undergo treatment.

Meanwhile, messages calling Warisan supporters to gather in court tomorrow in a show of support for their leader have gone viral on social media.

On Friday, more than 200 supporters assembled outside the court compound and chanted “Sabah Ubah”.

Shafie was detained to assist MACC investigations in connection to the alleged embezzlement of RM1.5 billion in federal funds meant for development projects in Sabah.

He is the 11th individual to be detained by MACC in the probe, which involves about 350 projects by the Rural and Regional Development Ministry including water and electricity supply and roads in nine districts in Sabah between 2009 and 2015.

Among those detained include two of Shafie’s brothers, Yusof and Hamid. Yusof, who is Lahad Datu assemblyman and Umno Silam division chief, today had his remand extended for two days after being detained for four days since October 18.

Hamid, however, was released from remand on Thursday along with his son-in-law Manzur Hussein Awal Khan.

Other than the three brothers, the MACC also detained three Warisan leaders, vice-president Peter Anthony, Youth chief Azis Jamman and Putatan division treasurer Amarjit Singh.

MACC also detained Tenom Umno Youth chief Jamawi Jaafar, Tawau Umno chief Ariffin Kassim, a businessman and a former senior officer of the Rural and Regional Development Ministry to assist investigations.

All had since been released from remand except for Amarjit, who was remanded six days starting from Friday. – October 22, 2017.