KUALA LUMPUR, May 6 — The High Court today dismissed Syarul Ema Rena Abu Samah’s bid to refer two questions of law to the Federal Court over being denied legal representation during questioning by the Malaysian Anti-Corruption Commission (MACC).

Judge Mahazan Mat Taib made the ruling on the grounds that the facts as to whether Syarul Ema Rena, also known as Ratu Naga, was detained or not remain disputed and require a full trial.

Therefore, the court ruled that Syarul Ema Rena’s application did not meet the threshold under Section 84 of the Courts of Judicature Act 1964. The court then set May 11 for an e-Review case management to schedule the trial date.

Today’s proceedings were attended by lawyer Latheefa Koya representing Syarul Ema Rena, while senior federal counsel Nur Irmawatie Daud represented the Attorney General.

On Jan 14, Syarul Ema Rena filed an application to refer two questions of law under Section 84 of the Courts of Judicature Act 1964.

The first was whether Sections 28A(3), (8) and (9) of the Criminal Procedure Code (Act 593) are void or unlawful or unconstitutional for contravening Article 5(3) of the Federal Constitution.

The second was whether restricting a detained person’s access to a lawyer under Sections 28A(3), (8) and (9) of the Criminal Procedure Code is disproportionate to police investigation needs and therefore violates Article 8(1) of the Federal Constitution.

Syarul Ema Rena filed an originating summons on Feb 26, 2024, naming MACC chief commissioner Tan Sri Azam Baki, MACC and the Government of Malaysia as the first to third defendants.

She sought a declaration that she has a legal right under Article 5 of the Constitution (liberty of the person) to be represented by a lawyer when being examined orally and questioned under Section 30(1)(a) of the MACC Act 2009.

She sought a further declaration that the denial of her right to a lawyer is unlawful and unconstitutional for violating Articles 5 and 8 (equality before the law) of the Constitution. — Bernama