ZAFARI MD YUNUS vs PP - 2017 MarsdenLR 1952

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1952

HIGH COURT MALAYA IPOH
ZAFARI MD YUNUS – Appellant
Versus
PP – Respondent

Table of Content
1. background facts related to the remand order. (Para 1 , 2)
2. court's scrutiny of statutory compliance and investigation sufficiency. (Para 3 , 4 , 7 , 9 , 11 , 13)
3. arguments concerning the legality of the remand order. (Para 5 , 6)
4. legal principles regarding magistrate’s authority in remand orders. (Para 8 , 14)
5. court's authority to review remand orders. (Para 10)
6. expectation of sufficient grounds prior to remand. (Para 12)
7. requirement for magistrate's compliance with cpc. (Para 15 , 16 , 19)

Anselm Charles Fernandis JC:

Introduction

[1] This matter was brought to this courts attention by virtue of a letter from the Applicant solicitors dated 27 January 2017. Briefly the letter complained that the remand of the Applicant, one Zafari Bin Md Yunus was based on false allegations in a police report. This was due to a feud between him and the complainant. It was also stated in the said letter that the Applicant's statement was only recorded once in the 4 days he was under remand. He was remanded from 22 December 2016 to 25 December 2016. The Applicant applied to the High Court to revise the remand order under s 323 of the Criminal Procedure Code ( CPC ) stati

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2017 MarsdenLR 1952

HIGH COURT MALAYA IPOHZAFARI MD YUNUS – AppellantVersusPP – Respondent

Cases Referred (5)

HIGH COURT MALAYA IPOH
ZAFARI MD YUNUS – Appellant
Versus
PP – Respondent