High Court judge Nordin Hassan ruled that the Criminal Procedure Code (CPC) provisions which Hasanah claimed had denied her her constitutional rights, did not discriminate against any person under the authorities’ arrest.
“Sections 28 (8) and 28 (9) of the CPC do not remove any detainee’s right to legal representation. They merely suspend it temporarily,” he said in his brief judgment.
He added that the High Court was tied to previous Supreme Court decisions that detainees’ right to lawyers could not be immediately exercised.
He made no order to costs in dismissing Hasanah’s suit.
Hasanah was remanded for five days in August as part of MACC’s investigation into the alleged misappropriation of RM50 million (US$12.1 million) in government funds.
She filed the lawsuit last month, claiming Sections 28 (8) and 28 (9) of the CPC were against Articles 5 (3) and 8 of the Federal Constitution on the right to legal representation and equality.
She was charged at the Sessions Court yesterday with criminal breach of trust related to the RM50 million.
She posted RM500,000 bail for the charge and was told to surrender her diplomatic passport to the court.
Hasanah entered the spotlight after the May 9 general election when a letter written to Central Intelligence Agency (CIA) director Gina Haspel asking for Washington’s support for Barisan Nasional was leaked to the public.
The letter was investigated by the police, but top cop Mohamad Fuzi Harun did not reveal details of the probe.
Hasanah retired from public service after Pakatan Harapan took over the federal government.
Speaking to reporters outside the court, Hasanah’s lawyer Shaharudin Ali said they would appeal against the decision.
“We have reservations about this ruling because it was made based on the findings of previous superior courts that did not favour the detainees,” he said, maintaining that Hasanah had been denied her right to legal counsel during her remand.
Hasanah’s other lawyer, Khairul Azam Abdul Aziz, said the lawsuit was not only about Hasanah’s case against the authorities.
“The ruling today also applies to anyone who is arrested, and their right to consult lawyers.”