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Johor Baru High Court rules MACC can use Section 117 of Criminal Procedure Code for remand purposes
JOHOR BARU, July 12 — The High Court here today ruled that the Malaysian Anti-Corruption Commission (MACC) can rely on Section 117 of the Criminal Procedure Code (CPC) to remand suspects under the MACC Act 2009 for further investigation.
In his ruling today, High Court Judge Datuk Abu Bakar Katar said that when conducting its investigation, the MACC can obtain a remand application under Section 117 of the CPC as Parliament had enacted the MACC Act to tackle corruption effectively.
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He added that the provisions under Section 49 of the Act cannot be read rigidly to the point that it affects the commission’s investigations.
“The court also feels that the provisions of Section 49 of the Act need to be read with Section 29(3) of the same Act during investigations, which allows for remand applications under Section 117 of the CPC,” he said in his judgment.
Abu Bakar was hearing a revision application by the MACC after a magistrate refused to allow the detention of a suspect pending investigations into his alleged use of forged documents to obtain an undisclosed amount of money from the Social Security Organisation (Socso) during the Covid-19 lockdown based on a Temerloh High Court ruling in May.
