3 Aug 2023
[ ] GOPELA KRISHNAN A/L ARUMUGAM
- Citation
- A-05-19-01/2023 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- A-05-19-01/2023 (Mahkamah Rayuan)
The Court of Appeal allowed the prosecution's appeal, holding the High Court exceeded its lawful jurisdiction by making findings that the death was caused by police misuse of power and by directing the Chief of Police and Attorney General to initiate prosecutions. Such findings went beyond the limited function of an inquest and judicial review under the Criminal Procedure Code and usurped the prosecutorial discretion of the Attorney General under Article 145. The appropriate remedy is to set aside the High Court order and remit the matter to the High Court Ipoh to be heard by another judge to…