KUALA LUMPUR (Sept 3, 2012): Two lawyers were granted leave for a judicial review to quash a notice issued to them by the Malaysian Anti-Corruption Commission (MACC) in connection with investigations into a case involving the National Feedlot Corporation (NFC).
High Court judge Abang Iskandar Abang Hashim made the decision in chambers after dismissing a preliminary objection by the government against the application. However, no hearing date was fixed.
The government, represented by Senior Federal Counsel Effandi Nazila Abdullah, had objected to the application on the grounds that the notice issued by the MACC was not subjected to a review as it was not a decision.
Lawyers Latheefa Koya and Murnie Hidayah, in their application had named the MACC, the Malaysian government and MACC assistant superintendent Suziana Ali as respondents.
They contended that the notice, dated March 19, requiring them to be present at the MACC headquarters in Putrajaya on March 23 to assist in investigations involving NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail was void and contravened provisions under 5(2) of the Federal Constitution.
The lawyers, who are representing former NFC consultant Datuk Shamsubahrin Ismail, claimed they were served the notice on the same day, on March 19, after accompanying their client to the MACC office to give his statement regarding Mohamad Salleh’s case.
Failure to abide by the notice is an offence under Section 48(c) of the MACC Act 2009 punishable under Section 69 of the same Act, which carries a maximum RM10,000 fine or two years’ jail or both, upon conviction. – Bernama
4 September, The Sun Daily