THE Court of Appeal has fixed July 20 to hear the Malaysian Anti-Corruption Commission’s (MACC) appeal against the Temerloh High Court decision, which bars them from using the criminal procedure code (CPC) to remand suspects for investigations.

Temerloh judicial commissioner Roslan Mat Nor, in his judgment, had held that MACC must rely on its own Act and not use the CPC to remand a suspect in its investigation.

Lawyer Geethan Ram Vincent confirmed the appeal hearing date.

Geethan is representing three of six policemen the MACC sought to remand for allegedly soliciting and accepting bribes amounting to RM5,000.

As for the other three policemen, lawyers Revin Kumar Shasai Kumar, Lavanyia Raja and Eu Kah Mun have been appointed individually to represent them.

The date was fixed following case management of the appeal before Court of Appeal deputy registrar Muhammad Noor Firdaus Rosli on Monday. 

Appearing for the MACC at the case management was deputy public prosecutor Noorhisham Mohd Jaafar.

In the landmark judgment, Justice Roslan said section 49 of the MACC Act 2009 gives the commission the specific powers it must use when carrying out investigations.

He said MACC officers can make an arrest under section 49(2) of the MACC Act and can ask for a remand order under section 49(3) of the same Act.

Justice Roslan, in exercising his revisionary power, had set aside the remand orders issued against the six policemen, including an inspector, under section 117 of the CPC. – Bernama, June 28, 2023.