KUALA LUMPUR – Controversial influencer Aisyah Hijanah and her husband Aliff Teega will remain under remand until Sunday after the high court here dismissed their challenge today.
The couple filed the application yesterday, claiming that the Putrajaya magistrate had erred in granting a remand order to the Malaysian Anti-Corruption Commission (MACC).
They also claimed that the judge had failed to provide a fair and judicial appreciation of Section 23 of the MACC Act 2009 regarding power abuse offences.
Lawyer Fithril Ab Hakim who represented the couple told Scoop that their application was dismissed by judge Datuk Muhammad Jamil Hussin at today’s hearing.
The judge found that the magistrate was not wrong to grant the remand order, as stipulated under Section 117 of the Criminal Procedure Code, which touches on the legal procedure for authorities to obtain remand if the investigation could not be completed within 24 hours.
The judge also found that the couple’s argument is without merit and that the remand order is valid.
In their application, Aisyah Hijanah Azhari and Mohd Hazalif Mohd Hazani claimed that the magistrate was wrong and did not act in accordance with the law, seeing that they are being investigated under Section 23.
“We argue that the magistrate is wrong, seeing that the applicant (Aisyah and Aliff) is not a ‘public servant’ or ‘civil servant’ as required and defined under Section 3 of the Act.
“MACC defined the section to be specific to government officials who abuse their position to benefit themselves, their relatives or colleagues in matters relating to their official duties.
“It is important to note that the definition explicitly limits the offence to the individual holding public office or government office.
“It is important to emphasise that the individuals do not fall under the definition of public servant or public body or public body officer as outlined in Section 3 of the MACC Act 2009, further supporting our argument that the remand order given by the magistrate is wrong and not in accordance with the law.”
Aisyah and Aliff were represented by Fithril, Abd Rahim Ali and Abi Mursyidin Awal while deputy public prosecutors Ahmad Akram Gharib and Law Chin How appeared for MACC today.
The couple was arrested on July 10, and MACC obtained remand on them, along with two others starting yesterday until Sunday (July 14), on suspicion that they have misused funds raised by several donation drives.
Sources said the individuals are believed to have committed the act since 2020, when the funds involved reached about RM3 million and that the investigation is still at an early stage.
MACC investigation division senior director Datuk Seri Hishamuddin Hashim confirmed that the couple is being investigated under Section 23 of the MACC Act 2009. – July 12, 2024