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Appeals court overrules Temerloh court on use of CPC by MACC

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Appeals court overrules Temerloh court on use of CPC by MACC

PUTRAJAYA — Aug. 15, 2023: The Court of Appeal has overturned a decision of the Temerloh High Court to bar the Malaysian Anti-Corruption Commission from using the Criminal Procedure Code (CPC) to remand suspects.The decision to set aside a ruling by then judicial commissioner Roslan Mat. Nor that the agency must use the MACC Act to apply for a remand by Justices Datuk Vazeer Alam Mydin Meera, Datuk Azman Abdullah and Datuk Azmi Ariffin was unanimous.According to Vazeer, there is no provision in the MACC Act as to the course of investigation which is not completed within 24 hours.The MACC in fact can use Section 29 (3) of the Act and apply for a remand under Section 117 of the CPC. On May 11, Roslan, now a High Court judge, ruled that the MACC could not use the CPC to remand suspects. Instead it must use section 49 of the MACC Act. He also ruled that the remand order against six …

PUTRAJAYA — Aug. 15, 2023: The Court of Appeal has overturned a decision of the Temerloh High Court to bar the Malaysian Anti-Corruption Commission from using the Criminal Procedure Code (CPC) to remand suspects.The decision to set aside a ruling by then judicial commissioner Roslan Mat. Nor that the agency must use the MACC Act to apply for a remand by Justices Datuk Vazeer Alam Mydin Meera, Datuk Azman Abdullah and Datuk Azmi Ariffin was unanimous.According to Vazeer, there is no provision in the MACC Act as to the course of investigation which is not completed within 24 hours.The MACC in fact can use Section 29 (3) of the Act and apply for a remand under Section 117 of the CPC. On May 11, Roslan, now a High Court judge, ruled that the MACC could not use the CPC to remand suspects. Instead it must use section 49 of the MACC Act. He also ruled that the remand order against six …


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