Shaharudin Ali says former intelligence head Hasanah Ab Hamid should have been allowed to see her lawyer or family while under MACC custody.
“No statute can attack the constitution as it will be seen as mala fide and unconstitutional,” Shaharudin said in his submission of an appeal by former intelligence head Hasanah Ab Hamid before a bench of three judges led by Hamid Sultan Abu Backer. However, both provisions in the CPC, which was amended in 2007, state that the constitutional right of a suspect could be suspended by a senior police officer should there an interference in investigations.
“In our case, the appellant was not allowed to meet her lawyer or family members when she was under the custody of the Malaysian Anti-Corruption Commission over alleged misuse of government funds,” he said. “Sections 28 and 28 of the CPC do not remove any detainee’s right to legal representation. They merely suspend it temporarily,” Nordin had said.
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