MACC's interrogation hours: Appeal tomorrow
Published: Dec 16, 2009 7:27 AM | Updated: Dec 16, 2009 10:33 AM
The Court of Appeal will hear the prosecution's appeal tomorrow against a landmark High Court ruling which restricted the Malaysian Anti-Corruption Commission's interrogation hours.
The Court of Appeal will hear the prosecution's appeal tomorrow against a landmark High Court ruling which restricted the Malaysian Anti-Corruption Commission's interrogation hours.
The appeal is expected to be heard in the morning at the Palace of Justice in Putrajaya.
The dispute before the appellate court is whether the MACC is entitled to interrogate its witnesses at night or if it should only be done in the daytime, during office hours.
The Kuala Lumpur High Court on Nov 19 had ruled that MACC was not entitled to interrogate witnesses late at night as per the interpretation of the MACC Act.
"The term day to day as stipulated under Section 30 (3) (a) of the MACC Act cannot mean round the clock.
"To do so, will offend the intention of the legislature and to curtail the ambit of personal liberty," justice Mohd Ariff Md Yusof had ruled.
The ruling was a result of an action filed by DAP's Kajang councillor Tan Boon Hwa who had questioned the legitimacy of the MACC in questioning him between 9.45pm on July 15 and 2.53am on July 16.
In his suit filed on July 22, Tan had claimed that the MACC had falsely imprisoned him when he was detained and questioned at odd hours.
MACC meanwhile had contended they had the right to interrogate witnesses at odd hours.
The ruling was hailed as a landmark decision by Tan's lawyer Karpal Singh as it was the first time the courts had interpreted the limits of conducting interrogations.
The appeal is expected to be heard in the morning at the Palace of Justice in Putrajaya.
The dispute before the appellate court is whether the MACC is entitled to interrogate its witnesses at night or if it should only be done in the daytime, during office hours.
The Kuala Lumpur High Court on Nov 19 had ruled that MACC was not entitled to interrogate witnesses late at night as per the interpretation of the MACC Act.
"The term day to day as stipulated under Section 30 (3) (a) of the MACC Act cannot mean round the clock.
"To do so, will offend the intention of the legislature and to curtail the ambit of personal liberty," justice Mohd Ariff Md Yusof had ruled.
The ruling was a result of an action filed by DAP's Kajang councillor Tan Boon Hwa who had questioned the legitimacy of the MACC in questioning him between 9.45pm on July 15 and 2.53am on July 16.
In his suit filed on July 22, Tan had claimed that the MACC had falsely imprisoned him when he was detained and questioned at odd hours.
MACC meanwhile had contended they had the right to interrogate witnesses at odd hours.
The ruling was hailed as a landmark decision by Tan's lawyer Karpal Singh as it was the first time the courts had interpreted the limits of conducting interrogations.
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