DAP's Kajang councillor Tan Boon Wah has filed a legal suit against the Malaysian Anti-Corruption Commission pertaining to the anti-graft body's powers to question witnesses overnight.

The application was filed at the Kuala Lumpur High Court registry this morning by Tan's lawyer and DAP chairperson Karpal Singh.

tan boon hwa sue macc 220709 tan boon hwa gobind In the application, Tan is asking the court to determine the ambit of the MACC's powers to interview witnesses, including on a question of interviewing witnesses overnight.

Tan's application was based on his own experience last week when he was questioned by the MACC from 8.45pm on July 15 to 1.35pm the next day.

In his affidavit Tan claimed that by questioning him after office hours, the MACC had confined him against his will.

"The acts of the defendants amount to my having been held in unlawful confinement amounting to false imprisonment for which the defendants are responsible," he added.

Tan is believed to the last person to have seen DAP's political aide Teoh Beng Hock alive at the MACC office in Shah Alam last Thursday.

Later that day Teoh was found dead at a corridor of the fifth floor of Plaza Masalam after being questioned by the MACC.

tan boon hwa pc macc 170709 simulate finger pointed at his forehead Following the discovery of Teoh's body, Tan ( right ) had lodged a police report on Saturday alleging that underhanded tactics were used by the MACC to interrogate him. He was questioned by the MACC on the same day as Teoh.

Teoh himself was questioned overnight by the MACC for almost eight hours.

In his suit, Tan named the MACC director-general Ahmad Said Hamdan, MACC Selangor deputy-director Mohammad Hassan Zulkifli and the MACC as defendants.

Interpretation of 'day to day'

The plaintiff is seeking a court declaration that the MACC acted in contravention of Section 30(3)(a) of the MACC 2009 Act that allows the MACC to compel a witness to be questioned from “day to day” until the examination is completed.

Karpal cited a 1939 civil suit in Malaya which gave meaning to "day to day" as the office hours of the court.

tan boon hwa sue macc 220709 karpal "We want an interpretation of ‘day-to-day’ with regards to all investigations.

"Not just Section 30(3)(a) of the MACC Act but also the Criminal Procedure Code that allows taking statements from witnesses,” he said.

The plaintiff is seeking unspecified damages as he was confined at the MACC premises beyond the period allowed by law.

"Clearly this amounts to abuse of power, holding Tan in confinement against his will which amounts to false imprisonment," he said.

Karpal also said this is a ‘test case’ of the constitution because Section 5(1) of the Federal Constitution provides that "no person shall be deprived of his life or personal liberty save in accordance with law."

"Law here would include procedures that was set out in Section 30(3)(a) of the MACC 2009 Act," he said.

NONE Karpal repeatedly stressed that 'day-to-day' does not include after office hours and that Tan was detained beyond the time Teoh was detained.

"We want a ruling from the court and this would also affect Teoh's case. In fact at one point at about 6am, Tan had the opportunity to meet Teoh," he said.

Karpal also filed a certificate of urgency to have this matter heard as soon as possible.

"In public interest, this issue must be resolved with a declaration from the court so that the parameters can be made to the police with regards to powers in questioning witnesses," he said.

Asked why was the deputy director of MACC Selangor implied in the suit, Karpal said he was the one who issued an order for Tan to appear on July 20.