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Tuesday, August 22, 2017

Ex-judge: Avoid forcing detainees to wear lock-up attire before remand



A former judge argued that forcing a suspect who has not been remanded to wear the lock-up attire and putting the person in handcuffs when bringing the person to court breached the detainee's fundamental liberty under the Federal Constitution.
Mohd Noor Abdullah, who is a member of the MACC advisory board, said a detainee's fundamental liberty included being presumed innocent until proven guilty in a court of law.
"So when taken to see the magistrate to seek further detention (remand), to investigate further if the person committed any offence, at that point in time, the person has yet to be proven guilty.

"As such, (authorities) should avoid making the (arrested) person wear clothes (lock-up uniforms) which could make the public perceive him as guilty,” he told a press conference in Kuala Lumpur.
Mohd Noor was responding to a question on whether MACC officers had breached the law in bringing former Felda chairperson Isa Samad to the Putrajaya's Magistrates Court for remand proceedings clad in the orange lock-up attire.
Responding to the same question, former inspector-general of police Musa Hassan, who was present at the press conference, said Isa was detained overnight before taken to court and it was standard procedure to make him wear the lock-up attire.
[More to follow]
-Mkini

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