4 Jan 2022
ABDUL HAMIM BIN AB HAMID
- Citation
- JB-44-9-08/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-44-9-08/2021 (Mahkamah Tinggi)
Although the High Court observed that Notice of Motion is generally an improper mode to invoke s.325 revision (s.326 contemplates discretionary hearing), in the interests of justice the Court examined the merits and found no misdirection by the Magistrate. Both the affidavit by counsel and the duplicate affidavit by the applicant were unreliable and rejected. Materially, the applicant escaped lawful custody, there was no undertaking to attend, and there were substantive risks of witness interference and flight. On this basis the Court dismissed the revision application and affirmed the Magist…