Former spy chief's right to consult lawyer while in remand violated, court told

Her counsel Datuk Shaharudin Ali said Section 28A and of the Criminal Procedure Code diluted the civil liberties protection accorded to an arrested person under Article 5 of the Federal Constitution.

Hasanah sued MACC and the government for not letting her consult her lawyer while she was remanded for six days from Aug 29 last year to assist investigations into allegations of power abuse and misappropriation of government funds for the 14th General Election . Shaharudin said the Parliament could amend Section 28 and but for now, that provisions were against Article 5.

Justice Datuk Dr Hamid Sultan Abu Backer, who chaired the three-member bench, said legislation cannot be used to attack the Federal Constitution which is the supreme law of the land, adding that it would be seen as mala fide .

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