16 Apr 2021
FEDERICK WALTA NGU 1. LEMBAGA PENCEGAHAN JENAYAH 2. PENGUASA PUSAT PEMULIHAN KHAS SIMPANG RENGGAM, JOHOR 3. KETUA POLIS NEGARA
- Citation
- BA-44-352-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-44-352-11/2020 (Mahkamah Tinggi)
Two procedural breaches vitiated the detention: (1) permitting a police handling officer to participate in an in camera Advisory Board hearing created procedural non‑compliance with the established scheme governing who may attend and assist the Board; (2) refusal to furnish the applicant with a copy of his recorded statement before the representation hearing frustrated Article 151(1)(a) and procedural fairness. Those breaches rendered the detention unlawful and justified issuance of a writ of habeas corpus; other challenges (refusal to issue subpoenas to all requested witnesses and the 23‑day…