This article first appeared in The Edge Financial Daily on October 26, 2018
KUALA LUMPUR: Former senior intelligence officer Datuk Hasanah Abdul Hamid’s lawyer has questioned 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.
Her lawyer Datuk Shaharudin Ali said if the money came from intelligence bodies, then its use should be treated as classified information.
“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 yesterday.
“We have to be careful. Covert operations by the country’s intelligence should not be taken lightly in this court, as it involves national security,” 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 allocated to the agency by 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 to that.
“I do not see Datuk Hasanah being charged with any other charges,” he added.
Shaharudin also stressed that Hasanah is not involved in any way with 1Malaysia Development Bhd.
“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,” he said.
Shaharudin also pointed out that there has been no proof being brought to show that the US Central Intelligence Agency (CIA) director had accepted the letter allegedly written by Hasanah to the agency.
“I want to know if the CIA director has already talked to our police, and said ‘yes, I have received this letter from Datuk Hasanah’. I have not heard of that story yet,” he said.
He was referring to a letter Hasanah reportedly wrote to CIA director Gina Haspel a week before the 14th general election in May, in which she sought US support for Barisan Nasional.
In July, Shaharudin confirmed that the letter is genuine but claimed that it falls under the Official Secrets Act and hence should not have been leaked.
At the time, Hasanah said in a press statement that it was routine for Malaysian intelligence agency directors to exchange views and strengthen ties and trust, including with the CIA. Following the revelation, she lodged a police report to find the culprit who leaked her confidential letter.
Hasanah went on to say that the leak had destroyed the trust which foreign intelligence agencies had in MEIO and jeopardised ties between the spy agency and its foreign counterparts.
Separately, lawyer Tan Sri Muhammad Shafee Abdullah described the swiftness in charging Hasanah 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 defence lawyer for Najib, who was 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.