KUALA LUMPUR: The High Court today struck out an originating summons (OS) by former Malaysian External Intelligence Organisation (MEIO) chief Datuk Hasanah Abdul Hamid to challenge the Malaysian Anti-Corruption Commission’s (MACC) move to freeze her bank account.
In allowing the MACC’s striking-out application, judge Datuk Mohd Sofian Abdul Razak said the civil court had no jurisdiction to hear the challenge and that the matter should be brought before a criminal court.
“The court is of the view that under Section 42 of the MACC Act, the civil court has no jurisdiction to hear the matter as it involves the action under criminal law.
“I will not go into the merits… The remedy is to file a constitutional challenge before the criminal court,” he said, ordering RM1,000 as to costs.
Deputy public prosecutors Ahmad Farid Ahmad Kamal and Muhamad Iskandar Ahmad acted for MACC.
Outside the court, counsel Datuk Shahrudin Ali who represented Hasanah said he would seek instructions from his client whether to file afresh or to appeal the decision of the court.
“In my view, the right way is to file it by OS in the civil court. We do not have that in a criminal court… the OS procedure does not exist in a criminal court,” he said.
Hasanah, 61, who is facing a criminal breach of trust charge, filed an originating summons on March 28, naming MACC and the government as respondents.
In her legal action, she had asked for a declaration that Section 37(1) of the MACC Act in relation to the freezing of her account in Sept last year was null and void and contravened Articles 5 and 13 of the Federal Constitution.
She also sought a declaration that the prohibitory order of immovable property dated Sept 3, 2018, issued by the MACC deputy public prosecutor under the same Section was null and void.
Hasanah had in an affidavit in support of her originating summons claimed that throughout her remand period by the MACC on Aug 29, 2018, until she was released on Sept 3 the same year, the MACC never informed her about the prohibitory order on her bank account until her banking transactions failed while she was trying to make a transaction on Sept 4, 2018.
She claimed that she had contacted the MACC investigating officer to seek clarification on her bank account and the latter told her that the account would be frozen temporarily as per normal investigation procedures by the MACC.
Hasanah said she had written to the MACC five times between Oct 9 and Dec 18, 2018, pleading to the commission to unfreeze her account.
She claimed that on Dec 6 the same year, she received a letter from the MACC investigating department saying that her application could not be considered.
Hasanah said she was facing difficulties surviving as was depending on pension money credited into the account and she has no other source of income.
“We have filed an originating summons against the MACC and the government and the court has given us a further date for case management on May 17,” she said after the matter came up before deputy registrar Idamasliza Maarof in chambers.
On Oct 25 last year, Hasanah was charged with committing CBT by misappropriating US$12.1 million (RM50.4 million) of funds belonging to the government in her capacity as a public servant as director-general of the Research Division of the Prime Minister’s Department.
