Court rules MACC cannot detain, question witness after office hours
2009/11/19
KUALA LUMPUR The Malaysian Anti-Corruption Commission (MACC) can no longer question witnesses overnight after the High Court here today ruled that this must be done during office hours from 8.30am to 5pm.
Justice Mohd Ariff Md Yusof in his decision held that section 30(3)(a) of the MACC Act 2009 does not give power to the MACC to conduct investigations on a witness "round-the-clock".
"The phrase 'day-to-day' in the section cannot mean 24 hours but normal working hours," held Justice Mohd Ariff in the landmark decision, delivered at 2.50pm.
"Therefore, I agree that the applicant in this case had been unlawfully detained by the MACC," he said in allowing a judicial review filed by Kajang municipal councillor Tan Boon Wah.
Tan, 39, is suing MACC chief commissioner Datuk Seri 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
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