If only all civil servants are as half as hardworking as the Macc guys, you don’t need NEP anymore….. and Nazib can sleep like Abdullah and the country still prosper
If only all civil servants are as half as hardworking as the Macc guys, you don’t need NEP anymore….. and Nazib can sleep like Abdullah and the country still prosper!!!
Tan to appeal against ruling on MACC working hours
23 December 2009
PUTRAJAYA:Kajang municipal councillor Tan Boon Wah on Tuesday filed a motion for leave to appeal against the Appeal Court’s ruling last week that the Malaysian Anti-Corruption Commission (MACC) can interrogate witnesses after office hours.
Tan, 39, filed the motion and his sworn affidavit through his counsel, Karpal Singh at the Federal Court registry here.
In the motion, Tan said the intended appeal was important as it involved novel questions and issues arising for the first time in the country and the Federal Court decision would be an advantage to the public.
Tan also listed five questions to be determined by the court, among others, whether the phrase “day-to-day” under Section 30(3)(a) of the MACC Act 2009 encompasses only office hours or a continuous period of 24 hours.
Karpal Singh, when met by reporters, said he would write to the Federal Court for an early date of hearing.
“This is a very serious matter, therefore it is important for the Federal Court as the highest court to decide on this issue once and for all,” he said.
He also hoped that Attorney-General Tan Sri Abdul Gani Patail would appear personally in the proceedings later.
“There are far-reaching consequences of the Appeal Court decision. If the decision is right, it means that the MACC officers can come to your house at 3am and you are required to go to MACC office to be questioned. That situation is unacceptable.
”Witnesses will also be reluctant to come forward to give evidence knowing that they will be harassed and questioned round-the-clock continuously,” he said.
On Dec 17, a panel of three Court of Appeal judges unanimously held that Section 30(3)(a) of the MACC Act did not restrict to working hours the time for a witness to be examined in an investigation.
Justices Datuk Hasan Lah, Datuk Ahmad Maarop and Datuk Syed Ahmad Helmy Syed Ahmad also overturned the High Court decision restricting the interrogation to office hours, between 8.30am and 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 did not empower the MACC to investigate a witness “round-the-clock.”
Tan had sued then 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 damages. — Bernama
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