HIGH COURT MALAYA, KUALA LUMPUR
IN RE SYED MOHAMMAD SYED ISA & ORS
GROUNDS OF APPEAL
The learned magistrate failed to record reasons for authorising the remand order as required under s.117(iii) of the Criminal Procedure Code, rendering the order invalid. (!) (!)
The investigation diary entries were not transmitted or were inadequate, failing to provide mandatory evidence of the progress and circumstances of the investigation under ss.117(i) and 119 of the Criminal Procedure Code. (!) (!)
The diary entries did not demonstrate diligent investigation efforts within the initial 24 hours or subsequent remand period, nor reasonable grounds for believing the accusation or information well-founded. (!) (!) (!)
The application merely stated that investigations could not be completed within 24 hours without specifying directions for further investigation, necessity thereof, or why remand of the suspect was required to prevent interference or absconding. (!) (!) (!)
The purpose of remand was misconstrued to include interrogation or obtaining statements, which is not permitted as suspects have the right to remain silent. (!)
No fair balance was struck between the suspect's right to personal liberty under Article 5(1) of the Federal Constitution and the public interest in completing investigations. (!) (!) (!)
The grounds relied upon prior remands were repeated without explanation for prior failure to complete relevant investigations, justifying refusal or a shorter remand period. (!)
The period of remand granted was excessive given the lack of shown necessity, with no evidence that further detention was required to obtain specific witnesses or evidence within the proposed time. (!) (!)
Routine or hasty approval of the application without individual scrutiny of each suspect's circumstances, treating multiple suspects collectively. (!)
Failure to consider alternatives such as bail where investigation gaps could be filled without detention, or release pending reports. (!) (!) (!)
For juvenile suspects, no efforts recorded to contact parents or relatives, and detention preferred over bail despite vulnerability. (!)
No investigations conducted during periods post-arrest (e.g., weekends), with suspect held without progress, undermining necessity of remand. (!) (!) (!)
Vague or clerical grounds cited (e.g., checking background, completing papers) that do not require suspect's detention. (!) (!)
Arrest made without prior substantial investigation establishing well-founded grounds, treating remand as first investigative step. (!)
JUDGMENT
Abdul Wahab Patail J:
This revision has been called in the course of general supervision of the subordinate courts by the High Court. In reviewing applications for further detention of arrested persons (suspects) beyond 24 hours under s. 117 (remand orders) of the Criminal Procedure Code (CPC) in the magistrate's Court, certain matters came to light and which requires remedial attention.
In the morning of 5 February 2001, the Kuala Lumpur magistrates' Court dealt with 57 applications for remand orders. The same magistrate dealt with 15 applications under s. 4(1)(b) of the Drug Dependants (Treatment & Rehabilitation) Act 1983 . These 72 applications were dealt with between 11.45am and 1.15pm. While most applications were in respect of one suspect, many were in respect of between 2-5 suspects, and in one case it involved 15 suspects. The learned magistrate had approximately 75 seconds for each application, and orders for periods of remand between three days and eight days were granted. This speed raises questions whether the remand applications were heard and considered adequately.
Section 117(iii) CPC provides that in authorising remand the magistrate shall record his reasons f
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