20 Dec 2019
POA JAC KY (I/D NO: 900327-01-6033) 1. DEPUTY HOME MINISTER, MALAYSIA 2. DIRECTOR OF REHABILITATION CENTRE, SIMPANG RENGGAM, JOHOR
- Citation
- BA-44-234-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-234-08/2019 (Mahkamah Tinggi)
The detention order was invalid because mandatory procedural preconditions were not met: the order and supporting materials failed to identify the dangerous drug exactly as listed in the DDA First Schedule (omission of the MDMA acronym), contained unrefuted factual errors as to the alleged location, and the respondents failed to furnish the applicant with his recorded statement as required for effective representation; these defects went to the root and violated Article 151(1)(a) and the statutory scheme, rendering detention unlawful and requiring immediate release.