22 May 2025
MOHAMAD AMIROL SYAHMI BIN MOHD ROSLAN 1. ) TIMBALAN MENTERI DALAM NEGERI MALAYSIA 2. ) PENGARAH PUSAT PEMULIHAN AKHLAK KLUANG, JOHOR
- Citation
- DA-44-6-01/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-44-6-01/2025 (Mahkamah Tinggi)
Respondents failed to discharge the burden to prove that the recorded statements were taken in compliance with s.4; the recordings were material to the investigative report and the Minister's decision under s.6(1); the failure to produce recordings in the face of a serious challenge justified an adverse inference and created reasonable doubt about the lawfulness of detention; consequently the detention order dated 27.6.2024 was invalid and must be quashed, and habeas corpus granted (issue one alone sufficed).