The Borneo Post (Sabah)

Shafie fails to quash remand order

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KOTA KINABALU: The High Court here yesterday upheld a remand order on Parti Warisan Sabah president Datuk Seri Shafie Apdal issued by the lower court on October 20.

In dismissing a revision filed by Shafie, Judicial Commission­er Ismail Brahim said he did not agree with issues raised by counsel Hamid Ismail, who is one of the lawyers representi­ng Shafie.

Therefore, the court affirmed the remand order granted by Magistrate Cindy Mc Juce Balitus on Friday on the former rural and regional developmen­t minister.

In an open court proceeding­s, Hamid pointed out two questions to be determined by court namely;

1) Whether the Malaysian Anti-Corruption Commission (MACC) can apply for remand under Section 117 of the Criminal Procedure Code (CPC) against the applicant (Shafie) for investigat­ion purposes after arresting him;

2) Whether MACC can use the same section to detain the applicant for the purpose of interrogat­ing in view of Section 30 of the MACC Act 2009.

Hamid argued that MACC has its own provision relating to arrest and investigat­ion which differs from the provision under Section 117 of the CPC.

“MACC should apply an applicatio­n against Shafie under Section 30 of the MACC Act instead of remand under Section 117 of the CPC,” Hamid suggested.

He further explained that every person arrested could be released on bail and remand could be applied if the person on bail violated or likely to violate his/ her bail conditions as provided under Section 49 (2) of the MACC Act.

Thus, Hamid contended that under MACC Act, there was no remand for investigat­ion purposes.

“It differs from the purpose of remand under Section 117 of the CPC as that remand is to complete investigat­ion,” Hamid further pointed out.

Hamid submitted that the court must give meaning to the wordings in Section 49 (2) of the MACC Act because the MACC Act is a specific Act.

“The court cannot presume that Section 117 of the CPC applies to MACC on the grounds it is a general law relating to arrest,” said Hamid.

The counsel also submitted that remand was not for the purpose of interrogat­ion but in applying for Shafie’s remand, MACC’s grounds of applicatio­n were that they needed to either “soal siasat” (investigat­ion), “soal balas” (cross examine) and “mendapatka­n penjelasan” (getting explanatio­n) from the applicant.

In reply, the prosecutio­n rebutted that in view of Section 30 of the MACC Act as being submitted by the counsel, they said the said section was for recording statements of witnesses.

The prosecutio­n also rebutted that MACC was allowed to use Section 117 of the CPC as stated under Section 3 of the MACC Act whereby they could use that section to apply for detention for the purpose of investigat­ion.

On October 20, before the remand applicatio­n made at the Magistrate’s Court here, Hamid had raised a preliminar­y objection on point of law that MACC was not entitled to apply for remand under Section 117 of the CPC.

On that day, Hamid said they also raised several grounds on investigat­ions which they submitted that the remand applicatio­n was against the case law.

“The case law says that you cannot use remand to interrogat­e a suspect as remand is only for investigat­ion such as checking on the suspect’s car or to avoid the suspect from tampering with witnesses.

He also argued that you cannot remand someone in order to record statement, you can only give order for that person to give statement but no need for remand.

However, the magistrate had ruled that since Shafie was being investigat­ed under Section 17a of the MACC Act, it was a seizable offence, so the remand applicatio­n by MACC was applicable.

When met outside the courtroom, Hamid said they would apply for leave to appeal at the Court of Appeal against the High Court’s decision within this week.

Other lawyers who defended Shafie were Martin Tommy, Cedric Choo and Loreto Padua Sipin Jr.

Deputy public prosecutor­s Rustam Sanip and Rozana Abd Hadi acted for the prosecutio­n.

 ??  ?? Shafie’s supporters gathered outside the Kota Kinabalu court house yesterday.
Shafie’s supporters gathered outside the Kota Kinabalu court house yesterday.
 ??  ?? Datuk Seri Shafie Apdal waving to his supporters yesterday.
Datuk Seri Shafie Apdal waving to his supporters yesterday.
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