Lim was evasive when questioned by journalists today, saying: “For now, I do not plan to make any comment.”
Yesterday, MACC said it would take Lim to court after it gave the chief minister 48 hours to apologise for the remark made at a press conference two weeks ago but there was no response.
“MACC respects the right of any one to criticise the body but it will not tolerate false statements about MACC’s investigation that are intended to undermine MACC’s image and reputation,” the commission said in a statement.
“(The remark) was defamatory of a government agency which has no agenda in discharging its duty. We regard the matter as serious because it is our right,” MACC chief commissioner Dzulkifli Ahmad had earlier said when demanding an apology from Lim.
Executive councillor Phee Boon Poh and two others were detained by MACC last month over alleged corruption involving the operation of an illegal carbon filter factory in Bukit Mertajam.
On Aug 14, the High Court set aside the remand order against the trio, saying it contravened Section 117 (5) of the Criminal Procedure Code.
Judicial Commissioner Abdul Wahab Mohamed ruled that the magistrate deciding the period of detention of the accused “shall allow” representations to be made either by the accused himself or through his counsel.
“The word ‘shall’ in subsection 5 is mandatory, and the respondent has not submitted literature to the contrary. The applicants had been denied natural justice,” the judge said.
Phee’s lawyers, Ramkarpal Singh and RSN Rayer, had earlier argued Phee’s detention was made arbitrarily as the magistrate’s court did not hear his lawyer’s arguments.
The lawyers then pursued the matter at the High Court, calling the remand order “irregular”.
Today, lawyer and PKR politician N Surendran said Lim’s “illegal detention” remarks were “well within” the protection of free speech guaranteed by the Federal Constitution.
“It is unconstitutional for the state or public bodies to prohibit criticism of their actions. Doing so would be in breach of Article 10 of the constitution,” he said in a statement today.