The government has submitted a preliminary objection against the application for judicial review by two lawyers to quash a notice issued to them by the Malaysian Anti-Corruption Commission (MACC) relating to the National Feedlot Corporation (NFC).    

Senior federal counsel Effandi Nazila Abdullah who appeared for the respondents told reporters outside the court today after proceedings in chambers before Justice Abang Iskandar Abang Hashim that the government had objected to the application on the grounds that the notice issued by the MACC is not subjected to a review as it is not a decision.    

He also disclosed that the High Court has fixed Sept 3 for decision on the objection.

Lawyers Latheefa Koya and Murnie Hidayah in their application had named the MACC, Malaysian government and MACC assistant superintendent Suziana Ali as respondents.

They contended that the notice dated March 19 requiring them to be present at the MACC headquarters in Putrajaya on March 23 to assist in investigations involving NFC executive chairperson Dr Mohamad Salleh Ismail was void and contravened provisions under 5(2) of the federal constitution.

The lawyers who are representing former NFC consultant Shamsubahrin Ismail claimed they were served the notice on the same day, on March 19 after accompanying their client to the MACC office to give his statement regarding Mohamad Salleh’s case.

Failure to abide by the notice is an offence under Section 48(c) of the MACC Act 2009 punishable under Section 69 of the same Act, which carries a maximum RM10,000 fine or two years’ jail or both, upon conviction.    

Meanwhile, counsel R Sivarasa representing the applicants said they are seeking to quash the notice as it was an abuse of power.

- Bernama