The High Court in Johor Baru has ruled that the Malaysian Anti-Corruption Commission (MACC) can detain suspects under the Criminal Procedure Code (CPC) for offences investigated under the MACC Act 2009. The decision was made by High Court Judge Datuk Abu Bakar Katar on July 12. According to Judge Abu Bakar Katar, MACC can obtain a remand application under Section 117 of the CPC during its investigation. He emphasized that the MACC Act was enacted to address corruption and should take precedence.
In his judgment, Judge Abu Bakar Katar stated, “The provisions of Section 49 of the Act cannot be read rigidly to the point that it affects the commission’s investigation process. The court also feels that the provisions of Section 49 of the Act need to be read with Section 29(3) during its investigation, which allows for remand applications under Section 117 of the CPC.”
Outside the courtroom, MACC director (Legal and Prosecution Division) Datuk Wan Shaharuddin Wan Ladin expressed satisfaction with the decision, calling it a win for MACC. He commented, “The Johor Baru High Court has thoroughly discussed the process that allows MACC to detain suspects under Section 117 of the CPC. Following the recent Temerloh High Court decision that rejected MACC’s bid for a remand order, many cases have failed to obtain a remand application.”
Wan Shaharuddin Wan Ladin further added, “I believe that after this, there will be no issue for MACC to obtain a remand application, and the Johor Baru High Court’s decision may serve as a reference for future cases.”
On July 7, MACC’s attempt to obtain a remand order against a district police chief (OCPD) in a probe of suspected corruption was rejected by the Kuantan Magistrate’s Court. The MACC then failed to secure a revision against this decision in the Temerloh High Court. Justice Zainal Azman Ab Aziz of the Temerloh High Court stated that there was no need for his intervention as the magistrate had made the correct decision. He explained, “The decision of a higher court will bind the lower courts… if the Federal Court makes a decision, it must be followed by the Court of Appeal and the High Court, and the decision of the High Court must be followed by the court below it.” Justice Zainal Azman also highlighted that the earlier ruling of the Temerloh High Court stated that Section 117 of the CPC was not applicable to remand applications under the MACC Act 2009.
During a previous ruling on May 11, Temerloh High Court Judicial Commissioner Roslan Mat Nor had stated that MACC should rely on its own Act rather than the CPC. He pointed out that Section 49 of the MACC Act 2009 empowers MACC to defer bail for the purpose of continuing investigations beyond the initial 24 hours of arrest.
Credit: The Star : News Feed
