THE Malaysian Anti-Corruption Commission (MACC) today failed in its bid for a revision against a magistrate’s court decision that rejected its application to obtain a remand order against a district police chief (OCPD) to assist in an investigation into suspected corruption of more than RM1 million.

Kuantan High Court judge Zainal Azman Ab Aziz said there was no need for him to interfere with the decision because the magistrate had made a right and proper decision.

He said the magistrate’s decision, based on the decision of the Temerloh High Court, which ruled that section 117 of the criminal procedure code is not applicable to remand applications for offences investigated under the MACC Act 2009, is also correct because it is the ‘latest decision’.

On May 11, Temerloh High Court judicial commissioner Roslan Mat Nor said MACC should use its own act and not rely on the CPC because section 49 of the MACC Act empowers MACC to allow for bail to be postponed so that it can continue investigations beyond the initial 24 hours of arrest.

“The decision of a higher court will bind the lower courts, (for example) if the Federal Court makes a decision, it must be followed by the Court of Appeal and the High Court and decision of the High Court must be followed by the court below it,” said Zainal in his brief judgment.

On June 7, the magistrate’s court rejected a remand application by MACC against the 53-year-old district police chief  to facilitate investigations into allegations of bribery involving more than RM1 million.

He was suspected to have received bribes since 2017 from entertainment centre owners.

MACC filed the revision application on June 21 and named the district police chief as the respondent.

MACC was represented by deputy public prosecutor Rifah Izzati Abdul Mutalif while lawyer Bob S. Arumugam represented the police chief. – Bernama, July 7, 2023.