By Debra Chong
KUALA LUMPUR, Oct 5 — The High Court fixed Oct 19 to hear Kajang town councillor Tan Boon Wah's challenge against the Malaysian Anti-Corruption Commission's (MACC) right to conduct overnight questioning.
Tan, who was questioned for 16 hours overnight by graft busters in Selangor the same day as political aide Teoh Beng Hock, claims it is against the new law passed earlier this year.
Lawyer Karpal Singh (picture), acting for Tan, told reporters today that the case was important because it “will affect not only investigations by MACC but also police investigations” and also Teoh's case.
Like Tan, Teoh was taken in and questioned overnight by Selangor MACC officers investigating claims that his boss, DAP state lawmaker Ean Yong Hian Wah, had misused state money.
Unlike Tan, Teoh was found dead on a 5th-floor landing outside the MACC office at Plaza Masalam in Shah Alam on July 16.
An inquest into his mysterious death is ongoing at the Shah Alam magistrate's court.
Tan, a businessman, had supplied Ean Yong with mini Malaysian flags for a National Day celebration last year.
He claims to have been grilled from 8.45pm on July 15 to 1.35pm the following day.
He was released after the 16-hour marathon questioning and proceeded to sue the national anti-graft body for illegal detention on July 22.
According to Tan, the MACC Act 2009 provides clear guidelines for questioning witnesses, and calling them in after 5pm and holding them overnight is not legal.
He is asking the High Court to interpret Section 30(3) of the MACC Act, which talks about the “day-to-day” questioning of witnesses.
“So, what does 'day-to-day' mean?” Karpal said.
“We are saying it means during office hours,” he said, adding that operation hours for the government is between 8.30am and 5pm.
Karpal, who is also the DAP chairman, noted that the MACC in an affidavit argued that the new law “does not limit the time of questioning to office hours” and that the MACC Act was “silent” on the interpretation.
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Ini cuma mengundang berbagai masaalah. Kenapa tidak pada waktu bekerja saja.
Ramai tidak faham tujuan sebenar badan tersebut.