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Apex court overturns COA ruling, rules Section 62 of MACC Act constitutional

The Federal Court has overturned the Court of Appeal's landmark ruling that Section 62 of the MACC Act 2009, which requires an accused to file his or her defence before trial, was unconstitutional.

The five-man bench led by Chief Justice Md Raus Sharif unanimously ruled that the provision was constitutional and was not ultra vires the Federal Constitution.

"With respect, we disagree (with the appellate court)... We allow the appeal, we are of the view that Section 62 is constitutional," Justice Raus said when making his judgment today.

He also ordered for the case management of the corruption charge against Penang Chief Minister Lim Guan Eng - who challenged the constitutionality of Section 62 of the MACC Act - to be held at the High Court in Penang on Jan 10, 2018...

 

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