The Kuala Lumpur High Court's Appellate and Special Powers division has fixed Nov 19 for decision in Kajang municipal councillor Tan Boon Wah's suit against the Malaysian Anti Corruption Commission.

The matter came up after Judicial Commissioner Mohd Ariff Md Yusof heard submissions from Karpal Singh representing Tan and senior federal counsel Noorin Badaruddin representing the MACC.

The bone of contention was the term "day to day" within the MACC Act. Karpal argued it (interrogation) should not be carried out after office hours.

NONE Noorin, however, submitted that "day to day" should mean 24 hours, therefore giving MACC the authority to question witnesses beyond office hours.

Karpal ( left,seated ) said that his client had been interrogated by the MACC between 8.45pm on July 15 and 1.35am on July 16.

He said there was no basis for the MACC to act beyond its powers to interrogate someone beyond office hours.

"The phrase 'day to day' is not defined under the Interpretation Act 1967 or the MACC Act. Hence, it is submitted the provision under Section 30 (3) of the MACC Act, the phrase should have meant within office hours until the completion of its investigations," said the veteran lawyer.

"It cannot mean the MACC have the right to interrogate the witness late into night. Sapping the will of a witness by interrogating officers could never have been Parliament's intention. Parliament could not have intended "day to day" to mean "round the clock".

Karpal submitted the literal approach would lead to absurdity and investigations of poor quality.

Statement cannot be admitted

Karpal also told the court that under lock-up rules, a suspect's testimony after office hours could never been admitted.

Citing former Youth and Sports Minister Mokhtar Hashim's murder case where the Federal Court ruled evidence adduced after office hours as involuntary, Karpal said the decision was made on an accused person.

teoh beng hock inquest 011009 tan boon wah "Here we have a witness being interrogated by the MACC after office hours. This cannot be the right practise. Why is a suspect accorded such treatment rather than a witness?" asked Karpal.

"Under the lock up rules, a suspect cannot give his statement between 6.30pm to 6.30am."

Karpal then submitted the court make an order as sought by Tan ( right ) and also award damages to be paid to Tan.

Noorin submitted that 'day to day' as stipulated under the MACC Act is ambiguous and hence it should be taken through its literal meaning.

"This means the commission can operate within 24 hours until the completion of its investigations to interrogate the witness," he said.

Noordin: Definition of 'day'

Justice Mohd Ariff then asked how can this be as it would seem the witnesses has lesser rights than the suspects.

Noorin replied the word 'day' as defined under the English dictionary, means from midnight to morning, hence the MACC is empowered to conduct investigations by questioning witnesses after office hours.

"What is being done by the MACC is legitimate and the officers had acted within their powers to interrogate him," said Noorin ( right ).

altantuya trial 160707 noorin badaruddin Tan filed a suit on July 22, claiming MACC had falsely imprisoned him when he was detained for questioning during the odd hours

He along with deceased political aide Teoh Beng Hock were being questioned by the MACC on July 16. The following afternoon, Teoh's body was found sprawled at Plaza Masalam, site of the Selangor MACC headquarters.

MACC contended they had the right to interrogate witnesses at odd hours. The Selangor state government, following the inccident, has also challenged the MACC's tactics and had issued a circular barring its officers from being questioned by the commission after office hours.

Karpal had indicated that this was a test case where the legal challenge by Tan against MACC would have far reaching implications on its interrogation methods.