MACC will appeal against ruling that Section 62 is unconstitutional

 |Aug 8, 2017

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) in a statement today, said it will be appealing the Court of Appeal’s ruling that Section 62 of the MACC Act is unconstitutional.

According to The Star Online, the MACC said its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

Yesterday, the appellate court ruled that Section 62 of the MACC Act was ultra vires when read against Articles 5(1) and 8(1) of the Federal Constitution, and thus, it was unconstitutional.

Section 62 of the MACC Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The unanimous ruling was made after the court allowed the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.

Lim is facing charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value while Phang has been charged with abetment.

 

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