The Court of Appeal today overturned the High Court decision restricting Malaysia Anti-Corruption Commission (MACC)'s interrogation sessions to office hours.

Judges Hasan Lah, Ahmad Maarop and Syed Ahmad Helmy Syed Ahmad delivered their decision after hearing submissions from senior federal counsel Amarjeet Singh, for the MACC, and counsel Karpal Singh, for Kajang municipal councillor Tan Boon Wah.

According the three-member appellate court panel, the law does not restrict the time for recording statement to only working hours.

The High Court ruling last month prevents the MACC from interrogating witnesses after office hours, contrary to its practice all this while.

Following the ruling, MACC investigation division director Shukri Abdull had on Nov 25 issued a directive to all MACC offices to confine the questioning of witnesses to the working hours of 8.30am to 5.30pm.

On Nov 19, High Court Judge Mohammad Ariff Md Yusof, in allowing a judicial review filed by Tan, ruled that Section 30(3)(a) of the MACC Act 2009 does not empower the MACC to investigate a witness "round-the-clock".

Tan, 39, is suing MACC chief commissioner Ahmad Said Hamdan, MACC assistant superintendent Mohammad Hassan Zulkifli and the MACC, claiming that his detention and questioning for 16 hours overnight by the MACC was unlawful, which resulted in him suffering losses and damage.

- Bernama