Siti Kasim: Wiretapping is legal, going public with evidence is also okay
by Theleaders-Online | January 10, 2020 2:09 am
PUCHONG: Lawyer-activist Siti Kasim said that law enforcement agencies are empowered to wiretap communications of anyone suspected to be involved in criminal activity.
In a Facebook post yesterday, Siti said that then Minister in the Prime Minister’s Department Datuk Seri Nancy Shukri had confirmed the matter to the public back in 2014.
“Nancy had said that enforcement agencies are empowered under five different laws to wiretap those suspected of engaging in criminal activities.
“The provisions are found under Section 116C of the Criminal Procedure Code, and also under Section 27A of the Dangerous Drugs Act 1952, Section 11 of the Kidnapping Act 1961, Section 43 of the Malaysian Anti-Corruption Commission Act 2009, and Section 6 of the Security Offences (Special Measures) Act 2012 (SOSMA),” she said.
Two days ago, MACC chief commissioner Latheefa Koya said that she was in possession of nine different audio clips which revealed high level conspiracy in an attempt to cover up the 1MDB scandal.
Among those heard in the audio recordings, which were played for the media, were former prime minister Datuk Seri Najib Tun Razak, wife Datin Seri Rosmah Mansor, former MACC chief Tan Sri Dzulkifli Ahmad and others, including foreign leaders.
However, Latheefa’s expose drew mixed reaction from several quarters including the legal fraternity, with some saying it was legal and others saying otherwise.
Yesterday, Bukit Gelugor MP Ramkarpal Singh was reported telling The Star Online that it was improper for Latheefa to make such evidence public, adding that it should have been produced to the courts or police.
The DAP MP also said that spying one someone’s phone conversation may be deemed unconstitutional, although he admits there were provisions in the law that legalises it.
“No doubt, we all want to know and get to the bottom of what was allegedly said in the recordings, and whether or not the individuals involved are responsible for any offence which may have been committed, but that is the job of the courts, not the media, or for that matter, any agency investigating the individuals purportedly in said recordings.
“I personally feel it is unconstitutional and cannot be condoned, as it very much infringes our right to privacy.
“Whether or not such conversations evidence criminal offences are for the MACC or the police to investigate and present in court,” he was reported saying.
Siti, however, disagreed with Ramkarpal’s views on the matter, saying that under present circumstances, it was right for MACC to expose the audio recordings to the public.
“I disagree with Ramkarpal’s opinion as under the circumstances we are in right now, MACC have every right to put the conversation out to the public as it is a matter of public interest.
“As to trial by media, it will probably apply if we still have a jury system. We don’t. Only the judge will decide based on evidence put forward and the manner in which it is acquired under the law.
“Is he indicating that our judges’ integrity are to be questioned?” she asked.
By G Vinod
Source URL: https://theleaders-online.com/siti-kasim-wiretapping-is-legal-going-public-with-evidence-is-also-okay/