KUALA LUMPUR: Controversial blogger Syarul Ema Rena Abu Samah, better known as Ratu Naga, has filed a suit against the Malaysian Anti-Corruption Commission (MACC) for allegedly denying her access to a lawyer during an investigation.
Syarul Ema Rena named MACC Chief Commissioner Tan Sri Azam Baki, the MACC and the government as defendants, in the originating summons filed at the High Court on Feb 26.
She said MACC acted in bad faith when it allegedly denied her access to a lawyer during the probe last month.
In the affidavit, Syarul Ema Rena claimed that on Feb 16 at 9am, five MACC officers searched her house and seized several electronic devices, such as her mobile phone and laptop.
She said that after the search, she was detained and taken to the MACC headquarters in Putrajaya for interrogation.
At that point, she appointed lawyer Nabila Khairuddin, from Messrs Daim & Gamany, to represent her for the purpose of any investigation or statement taking by the MACC.
"My lawyer had called the investigating officer, however, he refused to state the applicable legal provisions and the nature of the investigation for which my statement would be taken.
"Upon arrival at the MACC headquarters at about 11.40am, I firmly asserted my right to be represented by my lawyer. However, the investigating officer refused to allow me to meet her and be represented during questioning.
"Nabila had repeatedly asked the MACC officers to permit access but it was completely denied. The questioning continued until 7pm without her presence," she said.
She said that after the questioning was done about 7.30pm, she was given several documents to sign and acknowledge receipt by the enforcement officers.
Expecting to be further questioned by the MACC, Syarul Ema Rena said she filed the originating summons to protect her rights under the constitution.
She stated that she has the legal and or constitutional right under Article 5(3) of the Constitution to be represented by lawyers during oral examinations and or questioning by the MACC for any investigation under Section 30(1)(a) of the MACC Act 2009.
The Act, she said, does not provide for the denial of access to lawyers, which would violate Article 5(3).
"Therefore, the MACC Act 2009 is still subject to the rights enshrined in Article 5(3) of the constitution and cannot be used to deny those rights.
"The action of denying the right to be represented by lawyers during questioning by the MACC is a clear and unreasonable violation of Article 5(3).
"It is mala fide because it has infringed my right to be represented by lawyers of my choice.
"MACC's action in denying my right to be represented by a lawyer are contrary to the principle of proportionally under Article 8 read together with Article 5 of the constitution," she said.
She said she filed the application as it concerned public interest and rights to be represented by lawyers as guaranteed by the Constitution.
"I verily state that I have been oppressed by the actions of the defendants as explained and I have the right to commence this action," she said.
On Feb 16, her husband Ezad Zainal told the New Straits Times that five officers, claiming to be from the MACC, raided their house and arrested his wife.
He said they raided the house for about 40 minutes before leaving with his wife, her laptop and handphone.
He claimed that the officers also refused to provide any details on her arrest and denied him the right to view a notice they held in their hand, allegedly the warrant of arrest.
However, Azam said Syarul Ema Rena was not arrested but called to record her statement.