Thursday 28 Mar 2024
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KUALA LUMPUR (Oct 25): Former senior intelligence officer Datuk Hasanah Abdul Hamid's lawyer said it is unclear whether the US$12.1 million referred to in the criminal breach of trust (CBT) charge against her is from the Malaysian government or from foreign sources, including intelligence agencies.

If the money came from intelligence bodies, then its use should be treated as classified information, said defence counsel Datuk Shaharudin Ali.

"The utilisation of the money, in my view, should be confidential and not to be disclosed freely in the open court," Shaharudin told reporters at the Kuala Lumpur Court Complex.

"We have to be careful. Covert operations by the country's intelligence should not simply be played in this court," he said, adding that internal processes may be required to reveal the flow of funds for intelligence operations.

Hasanah, the former director-general of the now defunct Malaysian External Intelligence Organisation (MEIO), was charged at the Sessions Court with CBT involving US$12.1 million belonging to the government.

The offence was allegedly committed in the Prime Minister's Department in Putrajaya between April 30 and May 9. The charge under Section 409 of the Penal Code provides for between two and 20 years of imprisonment and whipping, and a possible fine, upon conviction.

Hasanah claimed trial and was released on bail of RM500,000. The case management is set for Nov 29.

Shaharudin said his team is considering applying for the case to be transferred to the High Court, adding that lead prosecutor Datuk Seri Gopal Sri Ram had no objection that.

"I do not see Datuk Hasanah being charged with any other charges," he said.

"What is clear in this case is that Datuk Hasanah is not involved at all with any of the 1MDB (1Malaysia Development Bhd) scandals," he added. "Some people may be confused, but this case has nothing to do with 1MDB, nor does it have anything to do with the 1MDB debt or its subsidiaries."

Shaharudin also wanted to know if the US Central Intelligence Agency (CIA) director "has already talked to our police, and said 'yes, I have received this letter from Datuk Hasanah'".

He was referring to a letter Hasnah reportedly wrote to the CIA director Gina Haspel a week before the 14th general election in May, in which she sought US support for Barisan Nasional.

Meanwhile, Shaharudin said the High Court's decision on his challenge against the Malaysian Anti-Corruption Commission's notice in August that barred him from seeing his client during the agency's interrogation will be delivered tomorrow.

Separately, prominent lawyer Tan Sri Muhammad Shafee Abdullah described the swiftness of Hasanah's charges as disturbing.

"There are a lot of national secrets and in fact, national security matters that will be unloaded during her case. I do not know if it is a wise thing to do," he told reporters at the court complex.

Shafee was there as the lead defense lawyer for Najib, who was today charged jointly with former Treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah with six counts of CBT involving RM6.64 billion of government funds. Both men pleaded not guilty.

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