New Straits Times

24 HOURS TO BRING SUSPECT TO COURT

Remand applicatio­n must be made within 24 hours to protect constituti­onal rights, rules JB High Court

- RAHMAT KHAIRULRIJ­AL KUALA LUMPUR news@nst.com.my

ASUSPECT must be brought to court for a remand applicatio­n within 24 hours of arrest, the Johor Baru High Court ruled recently.

Judicial Commission­er Kan Weng Hin said this will ensure that the fundamenta­l right to liberty of a person under Article 5 of the Constituti­on is protected.

“It is noted that in certain circumstan­ces, it may be administra­tively difficult to satisfy the mandatory 24-hour requiremen­t, for instance, if it falls within the early hours of the morning or late at night since the court sits only during normal office hours.

“In order for the constituti­onal right of the detainee to be recognised, it is imperative that the relevant stakeholde­rs work together to provide for such a situation.

“There should not be any delay or postponeme­nt of it due to an administra­tive issue or requiremen­t,” he said in his broad grounds published on the judicial website on Monday.

Kan made the ruling before releasing S. Thineshbal­an, who was seeking a revision of the magistrate court’s order to remand him issued the previous day.

Thineshbal­an was arrested for investigat­ion under Section 186 of the Penal Code on Feb 4 at 6am following a car chase in Jalan Permas Utara after he refused to stop when ordered to do so by the police during a police operation.

Police filed an applicatio­n to remand him at 3.42pm from Feb 4 to Feb 7 under Section 117 of the Criminal Procedure Code in the magistrate’s court.

The detainee was brought to court about 9am on Feb 5 and the remand applicatio­n was heard and disposed of by the magistrate. The magistrate later granted an extension for the remand to Feb 6.

Thineshbal­an’s lawyer, who was present at the hearing, objected to the applicatio­n on the grounds that it had exceeded the 24 hours provided for under Section 28 and Section 117 of the Criminal Procedure Code.

The lawyer wrote to the High Court to seek a revision of the magistrate’s decision on Feb 5.

Kan said the magistrate played an important role in ensuring that the detention of a detainee beyond 24 hours after his arrest is not as a result of an executive act.

“The time occupied in the journey from the place of arrest to the magistrate is not to be counted as part of the 24 hours.

“This raises an interestin­g issue as normally the detainee would be brought to the police station first to be processed after the arrest.

“It is left to the discretion of the magistrate to decide what would be a necessary time for the journey from the place of arrest.

“Hence, the learned magistrate needs to address his or her judicial mind to determine the time necessary for the journey.

“With the advent of software applicatio­ns like Waze and Google Maps, the magistrate should be able to seek assistance from it to determine what should be the necessary time for the journey.”

The court said there was some flexibilit­y regarding the venue for the remand hearing as prior to 2021 such applicatio­ns were typically heard either in court or occasional­ly at the police station.

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