Lawyer: Letter to CIA detrimental to parliamentary democracy
V Anbalagan | July 24, 2018
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SN Nair says although it is a security offence, police can rely on provisions in the Criminal Procedure Code for investigation purposes.
Lawyer SN Nair says the police do not need to wait for the public to lodge a report before taking action.
PETALING JAYA: A lawyer has urged the police to take seriously a purported letter seeking the support of the US Central Intelligence Agency (CIA) to keep Najib Razak in power.
SN Nair said all the police needed to do was file a report and begin an investigation.
“They need not wait for the public to lodge a report before springing into action,” he told FMT.
Nair, who was a former police officer, was responding to a three-page letter said to have been penned by Hasanah Ab Hamid, who led a unit under the Research Division of the Prime Minister’s Department.
The letter was addressed to CIA director Gina Haspel.
The lawyer said an offence had been committed under Section 124B of the Penal Code for an activity detrimental to parliamentary democracy.
“The Penal Code defines such activity like overthrowing or undermining parliamentary democracy by violent or unconstitutional means by a person or group of persons,” he said.
Anyone found guilty can be jailed for up to 20 years.
Nair added that the police need not rely on the Security Offences (Special Measures) Act 2012 (Sosma) to carry out arrests for the purpose of investigation.
Under Sosma, a suspect can be held for up to 28 days pending the conclusion of a trial.
Nair said although it was a security offence, police could rely on provisions in the Criminal Procedure Code to arrest and detain a person for up to 14 days.
“Those charged could also be offered bail,” he said.
He also said the police need only question Hasanah and Najib to determine the authenticity of the letter addressed to the CIA director.
Hasanah, whose present whereabouts are unknown, is alleged to have said that Najib was a US ally with whom Washington could work, unlike Dr Mahathir Mohamad who was seen as “anti-West (and) anti-Semite”.
Mahathir led Pakatan Harapan to victory in the May 9 polls, ousting Barisan Nasional for the first time in over 60 years.
Najib has stated that he was unaware of the letter, but has not denied its existence.
SN Nair says although it is a security offence, police can rely on provisions in the Criminal Procedure Code for investigation purposes.
Lawyer SN Nair says the police do not need to wait for the public to lodge a report before taking action.
PETALING JAYA: A lawyer has urged the police to take seriously a purported letter seeking the support of the US Central Intelligence Agency (CIA) to keep Najib Razak in power.
SN Nair said all the police needed to do was file a report and begin an investigation.
“They need not wait for the public to lodge a report before springing into action,” he told FMT.
Nair, who was a former police officer, was responding to a three-page letter said to have been penned by Hasanah Ab Hamid, who led a unit under the Research Division of the Prime Minister’s Department.
The letter was addressed to CIA director Gina Haspel.
The lawyer said an offence had been committed under Section 124B of the Penal Code for an activity detrimental to parliamentary democracy.
“The Penal Code defines such activity like overthrowing or undermining parliamentary democracy by violent or unconstitutional means by a person or group of persons,” he said.
Anyone found guilty can be jailed for up to 20 years.
Nair added that the police need not rely on the Security Offences (Special Measures) Act 2012 (Sosma) to carry out arrests for the purpose of investigation.
Under Sosma, a suspect can be held for up to 28 days pending the conclusion of a trial.
Nair said although it was a security offence, police could rely on provisions in the Criminal Procedure Code to arrest and detain a person for up to 14 days.
“Those charged could also be offered bail,” he said.
He also said the police need only question Hasanah and Najib to determine the authenticity of the letter addressed to the CIA director.
Hasanah, whose present whereabouts are unknown, is alleged to have said that Najib was a US ally with whom Washington could work, unlike Dr Mahathir Mohamad who was seen as “anti-West (and) anti-Semite”.
Mahathir led Pakatan Harapan to victory in the May 9 polls, ousting Barisan Nasional for the first time in over 60 years.
Najib has stated that he was unaware of the letter, but has not denied its existence.
RR
READ FULL CONTENTS OF THE LETTER TO CIA HERE
