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2024 MarsdenLR 2451

HIGH COURT SABAH & SARAWAK SIBU
WONG SIONG TUNG, J
PP – Appellant
Versus
PHILIP LUNEY – Respondent


Petitioner Advocates:Nur Nisla Abdul Latif ,Respondent Advocate: Yap Hoi Liong,Ben Lau Le

JUDGMENT

Wong Siong Tung J:

[1] This is an application by the DPP under s 323 of the Criminal Procedure Code ( CPC ) to review the decision of the learned Magistrate made on 12 January 2024 Sibu Magistrate's Court Remand Application: SBW-89RE-29-1-2024 in rejecting the application by DPP for remand of the respondent pending investigation under s 17(a) of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) for which the respondent was suspected to be involved.

[2] The respondent was arrested on 11 January 2024. On 12 January 2023, the DPP applied to the learned Magistrate under s 117(2)(b) of the Criminal Procedure Code for the respondent to be remanded for seven days on the grounds among them are:

(i) there is a need to record a statement of the respondent under s 53(3) of the MACC Act;

(ii) preventing the respondent from interfering with the main witness involved in the case which the suspect knew;

(iii) preventing the respondent form removing and destroying evidence associated the offence the respondent was suspected of having committed; and

(iv) preventing the respondent from communicating with any accomplices of the respondent who are still at large and to put the case

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