31 Jul 2023
HO CHUNG MENG ASP CHE INTAN BINTI SUBRI
- Citation
- KA-44-15-07/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-44-15-07/2023 (Mahkamah Tinggi)
Court found failures in compliance with SOSMA: next-of-kin notification was not properly effected and counsel access was unlawfully delayed beyond the single 48-hour authorization; arrest date ambiguity raised risk of excessive detention. However, because the applicant had been charged and remanded by a court before relief could be executed, the High Court concluded it could not grant an effective writ of habeas corpus to free a person detained under a judicial remand order; accordingly the habeas corpus application was dismissed.