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2018 MarsdenLR 3392

HIGH COURT SABAH & SARAWAK KOTA KINABALU
AG MOHD TAHIR MOHD TALIB & ANOR – Appellant
Versus
SURUHANJAYA PENCEGAH RASUAH MALAYSIA & ORS – Respondent


Petitioner Advocates:Marcel Jude,Nurul Rafeeqa ,Respondent Advocate: Andy Razalijaya,Dorine Patrick

Table of Content
1. judicial review applications arise from ongoing criminal investigations. (Para 1 , 2 , 3)
2. criminal prosecution claims and objections were raised by the attorney general. (Para 5 , 6 , 7)
3. court decisions should respect the jurisdiction of criminal proceedings. (Para 8 , 9 , 10 , 11 , 12 , 13)
Ravinthran Paramaguru J:

Introduction

[1] This is an application for leave to file a judicial review application. The application is being objected to by the Senior Federal Counsel (SFC) on behalf of the Attorney General.

Brief Background Facts

[2] The facts pertaining to this judicial review application pertain to a criminal investigation and a criminal prosecution in respect of the applicants. The remedies sought by the applicants are remedies that would impact the pending criminal trial against them.

[3] The 1st applicant was the director of the Sabah Water Department. He and his wife (the 2nd applicant) among others were the target of a criminal investigation following the discovery of a large amount of cash, ie over RM100 million by the Malaysian Anti-Corruption Commission (MACC). Subsequently, money laundering charges were preferred against the applicants. At the same tim

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