Housewife M Vigneswari said Section 61 A of the law was in breach of Articles 5 and 8 of the Federal Constitution, the Evidence Act and the Criminal Procedure Code.
This provision allows the prosecution to record an out-of-court testimony, made under oath, from victims and witnesses for later use in court.
Such a statement from foreigners, who have been deported, is prima facie evidence that can be used to prove the prosecution’s case.
Vigneswari has named the public prosecutor as party to her action.
Two Sri Lankan men, who were deported to their country of origin, had provided statements last October to implicate Vigneswari, 33.
She was initially charged in the Sepang Sessions Court with trafficking Sri Lankan national Pavilrajh Magenthiran at the KL International Airport in Sepang on Nov 18, 2015.
Subsequently, the case was transferred to the Shah Alam High Court and presided over by Justice Ghazali Cha.
In her affidavit in support of her application, she said the testimonies of the two men were taken after she was charged and her lawyers, M Kula Segaran and CR Selva, were denied the right to cross-examine them.
Those found guilty of smuggling migrants can be punished with up to 15 years’ in jail or fined (at the discretion of the court), or both.
Hearing before Justice Ghazali will start this afternoon.