News Bar News/Berita Badan Peguam High Court rejects bid to free two lawyers 
| High Court rejects bid to free two lawyers |
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| Friday, 30 November 2007 08:05am | |
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©The
Star (Used by permission) Rayer had applied to the court to release the appellant on the basis that their
arrest was not made according to Section 117 of the Criminal Procedure Code. Comments (1)
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Circular No 023/2012: Talk on ISO 9001 | 2008 Quality Management System Certification
If this case is classified & investigated as a theft case, the question is whether the 4 days remand necessary; first & foremost these suspects are lawyer by profession, any sort of criminal proceedings is extremely damaging to their career & reputation, further they had co-operated with police by giving their statements during investigation, it should be reflected that the Court had taken consideration of the serious consequences/effects on the suspects if the result of the investigation turn out to be negative, bearing in mind that such damage is irrepairable in reality. Under s117, the Court has power to order further remand from time to time up to maximum of 14 days, so the question is for a theft case where stolen items had been recovered, statements had been taken, a further remand for 4 days (in addition to the first day of arrest) is necessary? A shorter remand period not only can prevent abuse of powers by police & ensure their efficiency in investigation, it also save the suspect from greater damage being caused by such detention. Although such detention is not unlawful, it is without a fair trial, therefore all the more reason the Court should always strike a balance between the interest of the suspect and the importance of police investigation.
Shim Wai Loon