Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Right to representation

Legal area

Court

7 Feb 2024

PALANIVELOO A/L RAMALINGAM 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) KETUA POLIS NEGARA MALAYSIA 3. ) PENGARAH, PUSAT PEMULIHAN AKHLAK BATU GAJAH, PERAK

Citation

BA-44-129-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-44-129-10/2023 (Mahkamah Tinggi)

Respondents discharged the burden of proof that procedural requirements were met: the delays in investigation and reporting were not inordinate given explanations and duties, date and time requirements for statements were satisfied, designation of reporting officer was affirmed by uncontested affidavit, and interpreter and representation issues were not established; therefore habeas corpus application dismissed and detention order upheld.
28 Nov 2019

KARTHIGESAN A/L N SUKUMARAN LEMBAGA PENCEGAHAN JENAYAH & 4 YANG LAIN

Citation

44-123-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

44-123-05/2019 (Mahkamah Tinggi)

The court found that s19A(4) obligations were satisfied by service of the detention order and explanation of rights, and that the translator's competence was not contested in affidavit or during proceedings; consequently there was no substantive procedural non-compliance affecting the applicant's right to representation and the habeas corpus application failed.