MOHD AZHAR BIN MOHD YUSOFF

MOHD AZHAR BIN MOHD YUSOFF

The High Court dismissed the prosecution's review because the Magistrate correctly applied binding precedent from the High Court Temerloh which requires SPRM to follow Section 49 ASPRM 2009 for detention arising from ASPRM arrests; therefore remand under Section 117 KTJ was not available and the Magistrate's refusal to grant remand was proper and must stand.

Citation
CA-43(A)-1-06/2023 (Mahkamah Tinggi)
Parties
Applicant / Prosecution: Pendakwa Raya; Respondent / Accused: Mohd Azhar bin Mohd Yusoff
Court
A
Jurisdiction
Malaysia
Judgment Date
7 July 2023
Case Number
CA-43(A)-1-06/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Review Under Section 323 Kanun Tatacara Jenayah (ktj) / High Court Decision on Review Application
Outcome
Application dismissed; Magistrate's decision affirmed
Legal Topics
Remand, Binding Precedent (stare Decisis), Application of MACC Act 2009, Jurisdiction of Magistrate, Detention Beyond 24 Hours
Source Language
Malay/English
Criminal Law Anti Corruption Law Procedural Law Judicial Review Remand Binding Precedent (stare Decisis) Application of MACC Act 2009 Jurisdiction of Magistrate +1 more

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Parties

Pendakwa Raya

Applicant / Prosecution

Mohd Azhar bin Mohd Yusoff

Respondent / Accused

Procedural Posture

Criminal Review Under Section 323 Kanun Tatacara Jenayah (ktj) / High Court Decision on Review Application

Legal Issues

  1. 1 Whether Majistret could order remand under Section 117 KTJ when arrest was made under Section 49(1) Akta SPRM 2009
  2. 2 Whether the Majistret was bound by the High Court Temerloh decision (Sathivel a/l Subramaniam) refusing remand under Section 117 KTJ in such circumstances
  3. 3 Whether the SPRM/legislation provides procedure for detention beyond 24 hours and if Section 3 KTJ applies

Ratio Decidendi

The High Court dismissed the prosecution's review because the Magistrate correctly applied binding precedent from the High Court Temerloh which requires SPRM to follow Section 49 ASPRM 2009 for detention arising from ASPRM arrests; therefore remand under Section 117 KTJ was not available and the Magistrate's refusal to grant remand was proper and must stand.

Court Disposition

Application dismissed; Magistrate's decision affirmed

Orders

  • Criminal review application dismissed.
  • Magistrate of Kuantan's decision affirmed.