MACC must rely on own law to remand suspects, rules court
Published on: Friday, May 19, 2023
By:
V Anbalagan, FMT
The Temerloh High Court has ruled that the Malaysian Anti-Corruption Commission cannot rely on procedures for arrest contained in the Criminal Procedure Code.
PETALING JAYA: The Temerloh High Court has ruled that the Malaysian Anti-Corruption Commission (MACC) cannot rely on the Criminal Procedure Code (CPC) to remand suspects for investigation purposes.
In a ground-breaking judgment, Judicial Commissioner Roslan Mat Nor said Section 49 of the MACC Act 2009 gives the commission specific powers which it must use when carrying out investigations.
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Exercising his revisionary power, Roslan set aside the remand orders issued against six policemen, including an inspector, under Section 117 of the CPC for allegedly soliciting and accepting bribes amounting to RM5,000.
Roslan said that on May 7, an online Malay portal had reported that the cops had been detained for six days pursuant to a remand order issued by a registrar of the Temerloh court.
Roslan, a former deputy public prosecutor attached with the MACC prior to his appointment to the bench, said he felt compelled to review the correctness of that remand order.
In his 43-page judgment dated May 11, Roslan said Section 49 empowered the commission to allow for bail to be posted so that it can continue investigations beyond the initial 24 hours of arrest.
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In normal criminal investigations, law enforcement may apply to a magistrate under Section 117 of the CPC to extend a suspect’s remand to 14 days.
However, Roslan said the MACC Act is a specific legislation which gives the commission certain powers in situations where investigations cannot be completed within 24 hours.
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“Since the arrest was made under Section 49, anti-graft officers must follow the procedures set out in that provision and cannot rely on other laws,” he said.
He said the MACC could require a suspect to execute a bond or put up bail if they are unable to complete their investigations.
It could only arrest and remand suspects if they fail to turn up when directed, he added.
Roslan said magistrates should not rely on Section 117 of the CPC for cases investigated under the MACC Act.
He said the commission’s failure to adhere to the MACC Act was tantamount to violating Article 5 of the Federal Constitution which states that no person shall be deprived of his life or personal liberty save in accordance with law.
Roslan said magistrates, deputy public prosecutors, lawyers and investigating officers must guarantee the liberty of suspects.
“The professionalism of these four entities will ensure there is no abuse of power by those carrying out their duties,” he added.
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