KUALA LUMPUR (May 19): The High Court has ruled that the Malaysian Anti-Corruption Commission (MACC) cannot use the Criminal Procedure Code (CPC) to remand suspects for investigations, as it is already empowered to do so under the MACC Act 2009.

In the landmark decision, Temerloh High Court Judicial Commissioner Roslan Mat Nor ruled that when it comes to the remand of suspects, Section 49 of the MACC Act 2009 gives the commission the powers it need to carry out its investigations.

From the moment the MACC Act takes effect, MACC officers cannot use the CPC to remand suspects, 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,” he said when exercising his revisionary powers as a High Court Judicial Commissioner.

The revisionary powers of a court refers to its powers to decide on all questions regarding the correctness, legality or propriety of any finding, sentence or order that has been passed by lower courts, including the regularity of their proceedings.

With this judgment, Roslan set aside the remand orders that the Temerloh Magistrates Court issued on May 6 for six policemen, including one with the rank of inspector, allegedly for soliciting and accepting bribes amounting to RM5,000.

It was reported that all six were arrested last Friday (May 5) after appearing to give statements at the Temerloh MACC office to assist the commission's investigation.

The cops had been detained for six days pursuant to a remand order issued by a registrar of the Temerloh Magistrates Court, which relied on Section 117 of the CPC to remand the suspects. This section allows for the suspects to be remanded for 14 days to give authorities time to complete their investigations.

Section 49 of the MACC Act, on the other hand, allows for bail to be posted on a suspect, so he or she can leave but still has to report to the MACC offices everyday. Only when the suspect fails to turn up or cooperate should the MACC go to the court using Section 49 to apply for a remand order, Roslan said.

And as the arrests were made under Section 49 of MACC Act, the MACC officers must rely on that law and not on any other laws like the CPC, he said.

He also opined that the Magistrates Court should not rely on Section 117 of the CPC for cases investigated under the MACC Act.

Using the wrong law violates the person's rights as enshrined under Section 5 of the Federal Constitution, he said, which stipulates that no one shall be deprived of his life or personal liberty safe in accordance with the law.

In his 43-page judgement, Roslan, who was previously a deputy public prosecutor with the MACC, said he felt compelled to step in to clarify the position and set aside the remand order against the policemen.