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Lawyers held over theft to remain in detention

Friday, 30 November 2007 08:03am

©New Straits Times (Used by permission)

ALOR STAR: The High Court yesterday rejected an application for the release of two lawyers detained over the theft of three court files and investigation papers in a murder case.

Judge Datuk Zainal Adzam Abdul Ghani made the decision after hearing submissions by counsel R.S.N. Rayer, who had asked for a criminal revision of the lawyers' arrest on Tuesday.

Zainal Adzam said the police had followed all requirements for the remand order, including providing the investigation diary that contained the reasons for the detention to the magistrate.

He said the lawyers could be remanded for four days, based on the 24-hour rule in accordance with the Criminal Procedure Code.

"They were remanded about 11am on Nov 28 and the remand would expire on Dec 2. The new subsection (2) under Section 117 showed the offence was punishable with imprisonment of less than 14 years and that detention shall not be more than four days.

"As such, the police had followed proper procedures."

Zainal Adzam said the duo could face the maximum jail term of 10 years upon conviction.

"The court cannot release them because the police have yet to complete investigations.

"The documents were missing about 11am and were only returned to the police about 8.30pm the same day, and the police need to investigate what happened during that time."

Earlier, Rayer submitted that the court should release the lawyers since their arrest was not according to Section 117 of the Criminal Procedure Code.

Citing a news report, he said Kota Star district acting police chief DSP Feisal Libertus Abdullah had said the lawyers would be remanded for five days. Rayer said based on the news report, his clients were remanded for five days and not four days as provided by subsection (2) under Section 117.

"As such, the two lawyers should be released," he said, adding that both men had co-operated with the police throughout the investigation.