Prosecution appeals ruling that IOs must be present at remand hearings
The prosecution wants the Court of Appeal to rule on whether Section 117(1) of the Criminal Procedure Code requires the investigating officer in a case to be personally present at a remand hearing.
KUALA LUMPUR : The prosecution is appealing to overturn a High Court ruling handed down last week that held a magistrate could not issue a remand order without the investigating officer (IO) present.
Lawyer Collin Arvind Andrew, who had appeared for two suspects in revision proceedings before Justice Jamil Hussin on May 7, said the notice of appeal was filed in the High Court registry today.
'We have also been served a copy,' he told FMT.
He said the High Court will have to prepare the appeal records, which include the grounds of judgment, for the Court of Appeal to hear the appeal.
Jamil had ruled that Section 117(1) of the Criminal Procedure Code requires strict compliance.
He said the provision requires the IO, and not any other policeman or representative of the investigating officer, to be present at a remand hearing.
Jamil said the magistrate at the Jinjang remand centre should have dismissed the application since the IO assigned to the case was not present.
The appeal before the Court of Appeal is expected to resolve the legal uncertainty that has arisen due to the presence of two conflicting decisions on the matter in the High Court.
Last July, Judicial Commissioner Kan Weng Hin held that a remand order remains valid if another police officer who is knowledgeable about the case appears in the IO's place.
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