KUALA LUMPUR — The Malaysian Anti-Corruption Commission (MACC) succeeded today in striking out former Malaysian External Intelligence Organisation (MEIO) chief Datuk Hasanah Abdul Hamid’s (pic) challenge against its action to freeze her bank account.
High Court Judge Datuk Mohd Sofian Abd Razak in allowing MACC’s application ruled that the civil court had no jurisdiction to hear Hasanah’s originating summons.
“I will not go into the merits of the case. The remedy is to file a constitutional challenge before the criminal court. Hence the court will allow the respondent’s application to strike out the summons with RM1,000 costs,” he said after listening to submissions from both parties.
Deputy public prosecutor Ahmad Farid Ahmad Kamal represented MACC while Hasanah was represented by lawyer Datuk Shaharudin Ali.
The judge also allowed the counsel’s application to withdraw the second order sought by Hasanah in her summons for the notice issued by MACC under Section 37(1) of the MACC Act to be declared null and void.
MACC filed its application on April 19 on grounds thta the summons had no locus standi and was an abuse of the court process.
In the civil action filed on March 28, Hasanah, 61, named MACC and the Malaysian Government as first and second respondent respectively.
In her affidavit of support, Hasanah alleged that MACC never notified her about the prohibitory order on her bank account while she was being remanded from Aug 29, 2018 until Sept 3, 2018.
Upon her release the following day on Sept 4, she found that she could not make any banking transaction.
She contacted the MACC investigating officer and was informed that her bank account had been temporarily frozen as was normal in MACC’s investigation procedure.
She said she sent five letters to MACC between Oct 9 and Dec 18, 2018 requesting for the freeze to be lifted. However, on Dec 6, the MACC investigation division responded that it could not consider her request.
Hasanah claimed she was facing financial difficulties as she depended totally on her pension which she received through her bank account.
On Oct 25, 2018, the ex-MEIO chief was charged with criminal breach of trust involving US$12.1 million (RM50.4 million), to which she claimed trial.
Meanwhile, counsel said he would discuss with his client on whether to file a fresh application to the high court or appeal against today’s ruling.