THE Malaysian Anti-Corruption Commission (MACC) succeeded today in striking out a court challenge by former Malaysian External Intelligence Organisation (MEIO) chief Hasanah Abdul Hamid against its action to freeze her bank account.
High court judge 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 Shaharudin Ali.
MACC filed its application on April 19 on grounds that 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 government as first and second respondents.
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 August 29 last year until September 3 last year.
Upon her release on September 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 October 9 and December 18, requesting for the freeze to be lifted.
On December 6, the MACC investigation division responded that it could not consider her request.
Hasanah said she was facing financial difficulties as she depended on her pension, which she received through her bank account.
On October 25, Hasanah 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.