KUALA LUMPUR, Oct 6 — The High Court has today allowed several witnesses to testify through in-camera proceedings in former Malaysian External Intelligence Organisation (MEIO) director-general Datuk Hasanah Abdul Hamid’s RM50.4 million criminal breach of trust (CBT) trial.

High Court Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh delivered his decision after hearing submissions from both defence and prosecution yesterday.

The prosecution’s application to have 11 of its 37 witnesses from the Prime Minister’s Department in Hasanah’s trial to be heard ‘in-camera’ as it involved national security matters was originally fixed for decision today.

Ahmad Shahril in his judgment said the prosecution should not be hampered from proceeding for fear of disclosing evidence touching on national security matters and the intelligence ecosystem.

“In the interest of a fair administration of justice, it is the duty of the court to exercise its powers as provided for under the Courts of Judicature Act to direct certain parts of the trial to be held in camera.

“In doing so, I do not find that the respondent would be prejudiced in any manner in effectively advancing her defence.

“In any event, it is still open to the respondent in cross-examination to put her defence across to the prospective 11 witnesses whose evidence may be held in camera,” he said in his decision.

In-camera proceedings are trials where the public and press are not allowed to observe the procedure or process.

Ahmad Shahrir said he also took into consideration the affidavit affirmed by the director-general of the Research Division of the Prime Minister’s Department in preparing today’s decision.

According to the affidavit, the identities of the prospective witnesses will be laid bare, thereby compromising their abilities to perform their duties in the interest of national security and expose them to threats.

It also stated that the credibility of the Research Division will be severely affected, with its covert function crippled should the witnesses be allowed to testify in open court.

“In my considered view, by its very nature, the intelligence ecosystem is never transparent. By common knowledge, it has always been covert and never overt.

“As such, I hold the considered view that it is sufficient for the purposes of the present application for the public prosecutor to assert the highly sensitive nature to national security of the evidence to be disclosed by the 11 prospective witnesses who are in the service of the Research Division,” Ahmad Shahrir added.

On October 25, 2018, Hasanah pleaded not guilty in the Sessions Court to a CBT charge involving RM50.4 million belonging to the Malaysian government.

Hasanah, in her capacity as a civil servant, is alleged to have committed the offence at the office of the director-general, Research Division, Prime Minister’s Department Complex, Federal Government Administrative Centre in Putrajaya between April 30 and May 9, 2018.

She was charged under Section 409 of the Penal Code, which carries a maximum jail term of 20 years and whipping and fine, upon conviction.