KOTA KINABALU: The application for a criminal revision to set aside a remand order made by three civil servants, including a director, was dismissed by the High Court here yesterday.
Justice Datuk Nurchaya Arshad meted out her decision on the three applicants, aged between 40 and 60, after hearing submissions from both parties.
Earlier in the proceeding, counsel Hamid Ismail, who represented the three applicants, argued that his clients were treated unfairly in which their constitutional rights of equal treatment was breached by the prosecution.
According to Hamid, his clients should be released after arrest and the prosecution could use provisions under the MACC Act to release the applicants on bail or bond and they could be called to MACC office for recording statements.
He further explained that the investigative provisions under the Malaysian Anti-Corruption Commission (MACC) Act should prevail over the provision under Section 117 of the Criminal Procedure Code (CPC).
However, MACC deputy public prosecutor Rozanna Abdul Hadi replied that unequal treatment did not exist since the cases were different from each other.
She said as long as the remand application was made in accordance with the provision under Section 117 of the CPC and the lower court found that the MACC application was in order, the court has the discretion to decide whether to allow or disallow the application.
She held that the remand application was made due to the requirement of MACC to have more time to investigate and thus it was proper for the prosecution to apply for it.
On Thursday, the MACC obtained remand orders for five civil servants, including the three applicants, to facilitate an investigation into allegations of receiving bribe for changing of land zoning.
Two of the suspects aged 36 and 56 were remanded for six days while another three suspects aged between 40 and 60 were remanded for five days each.
The remand orders were applied by prosecuting officers from the MACC under Section 117 of the Criminal Procedure Code before magistrates Stephanie Sherron Abbie and Jessica Ombou Kakayun, respectively.
The investigation is being conducted under Section 17(a) of the MACC Act 2009 for an alleged offence of receiving bribe amounting to RM700,000.
The indictment is punishable by a jail term of up to 20 years and a fine of not less than five times the bribe, or up to RM10,000, whichever is higher.