PETALING JAYA: A High Court in Kuantan has ruled that a magistrate was correct to refuse an application by the Malaysian Anti-Corruption Commission (MACC) to remand a police officer under the Criminal Procedure Code (CPC).
Justice Zainal Azman Aziz said he came to his decision after examining court records and cause papers filed by the prosecution.
“The magistrate committed no error in declining the MACC’s application to remand the suspect for further investigation under Section 117 of the CPC,” Zainal said when dismissing the MACC’s revision application.
Zainal said the magistrate was bound by a decision made by the Temerloh High Court two months ago.
“As a subordinate court judge, she is bound by the ruling of a superior court. It is the latest ruling on which law the MACC should use,” he said.
The judge said that under his revisionary jurisdiction he merely has to satisfy himself that a subordinate court had made a correct, legal and proper decision.
Law enforcement agencies, such as the police and the MACC, normally apply for remand orders of up to 14 days on any suspect in order to complete their investigations.
However, on June 7, Kuantan magistrate Tengku Eliana Tuan Kamaruzaman rejected an application to detain a district police chief made under the CPC.
The suspect is alleged to have taken bribes to “protect” unlicensed entertainment outlets and massage parlours.
On May 11, Justice Roslan Mat Nor said that the investigation agency (MACC) must rely on remand procedures set out in Section 49 of the MACC Act and not those contained in the CPC.
Roslan said the MACC could detain a person for up to 24 hours but must seek a remand order under Section 49(4) of the MACC Act for a longer detention period.
On June 8, the MACC released the police officer on a bond.
Deputy public prosecutor Rifah Abdul Mutalif appeared for MACC. Lawyer Bob Arumugam represented the police officer.
MACC’s appeal to the Court of Appeal from Roslan”s ruling is scheduled for case management on July 21 pending preparation by the High Court of the appeal records.
