PETALING JAYA: The Kuantan High Court will hear tomorrow an application by the Malaysian Anti-Corruption Commission (MACC) to review a magistrate’s refusal to order the remand of a district police chief on an application made under the Criminal Procedure Code.
Lawyer Bob Arumugam, who is appearing for the police officer, said he has been invited to participate in the proceedings.
“I was notified that MACC had filed a revision application and I will be there to assist the court tomorrow,” Arumugam told FMT.
The district police chief is being investigated in connection with allegations that he had taken bribes to “protect” unlicensed entertainment outlets and massage parlours.
He was released on bond on June 8.
A day earlier, magistrate Tengku Eliana Tuan Kamaruzaman refused the remand made under Section 117 of the CPC, saying she was bound by a May 11 ruling issued by the High Court in Temerloh.
In that case, judicial commissioner Roslan Mat Nor (now a High Court judge) ruled that MACC could not rely on provisions in the CPC to remand suspects for investigation purposes.
Roslan said Section 49 of the MACC Act 2009, read in its entirety, only permits an arrest to be made at the tail-end of an investigation.
He said that while the Act allows a person to be arrested, the suspect must be freed on bail or bond if an investigation was incomplete.
However, the suspect may be rearrested without a warrant if bail conditions are breached, he said.
Roslan said MACC may detain a person for up to 24 hours and must seek a remand order under Section 49(4) of the MACC Act for a longer detention period.
In normal criminal investigations, an investigating authority would apply to a magistrate under Section 117 of the CPC to extend a suspect’s remand for seven to 14 days. - FMT
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