OCPD graft case: High Court bins MACC’s remand revision bid

 

The MACC today failed in its bid for a revision against the Magistrate's Court decision which rejected its application to obtain a remand order against a district police chief (OCPD) to assist in the investigations of suspected corruption of over RM1 million.

High Court Judge Zainal Azman Ab Aziz said there was no need for him to interfere with the decision because the magistrate did not make a mistake and had made a right and proper decision.

He said the magistrate's decision based on the decision of the Temerloh High Court - which ruled that Section 117 of the Criminal Procedure Code (CPC) was not applicable to remand applications for offences investigated under the MACC Act 2009 is also correct because it is the “latest decision”.

On May 11, Temerloh High Court judicial commissioner Roslan Mat Nor said the MACC should use its own laws and not rely on the CPC.

It was because Section 49 of the MACC Act 2009 empowers the MACC to allow for bail to be postponed so that it can continue investigations beyond the initial 24 hours of arrest.

"The decision of a higher court will bind the lower courts, (for example) if the Federal Court makes a decision, it must be followed by the Court of Appeal and the High Court.

“And High Court’s decision must be followed by the court below it,” said Zainal in his brief judgment.

On June 7, the Magistrate's Court rejected a remand application by the MACC against the 53-year-old district police chief to facilitate investigations into allegations of bribery involving over RM 1 million.

He was suspected to have received bribes over five years since 2017 from entertainment centre owners.

The MACC filed the revision application on June 21 and named the district police chief as the respondent.

MACC was represented by deputy public prosecutor Rifah Izzati Abdul Mutalif, while lawyer Bob S Arumugam represented the OCPD.

- Bernama