FORMER director-general of the Malaysia External Intelligence Organisation (MEIO) Hasanah Abdul Hamid has sued the Malaysian Anti-Corruption Commission (MACC) and the government for denying her the right to counsel.

Hasanah was last week remanded over investigations into alleged abuse of power and misappropriation of government funds for the 14th general election.

Hasanah filed the originating summons through Messrs Azam Aziz Shaharudinali & Co on August 30, and named the MACC and government as respondents.

Her lawyer, Shaharudin Ali, when met after case management before High Court judge Azizah Nawawi today, said that September 24 was set for the court to hear the originating summons.

Hasanah is seeking a declaration that the notification letter issued by the MACC under Section 28A(8)(9) of the Criminal Procedure Code (CPC) prohibiting the appellant from seeing her lawyer while being held under remand contravened Article 5(3) and Article 8 of the Federal Constitution.

As such, she claimed that Section 28A of the MACC Act was invalid, null and void, and could not be enforced against her.

Through a supporting affidavit, another lawyer of Hasanah, Khairul Azam Abdul Aziz, said the legal firm had learned about Hasanah’s arrest by the MACC on August 28 and her family had instructed the lawyers to attend the remand proceedings at the magistrates’ court in Putrajaya the following day.

Khairul said that one way to learn about the grounds of Hasanah’s arrest was to see her personally at the lock-up before remand proceedings.

However, Khairul said a notification letter under Section 28A(8)(9) of the CPC was served to the legal team during the remand proceedings, denying Hasanah the right of access to counsel.

He said Article 5(3) of the Federal Constitution stated that, when a person was arrested, he or she shall be allowed to consult and be defended by a legal practitioner of his or her choice.

Hasanah was remanded for six days from August 29. She was released on MACC bail yesterday. – Bernama, September 4, 2018.