Litigation & Court Procedure

Court orders Trio in Fatal hit-and-run Crash to be released from Remand

Date: 26 October 2018; Type: Legal News; Source: Bernama

SHAH ALAM, Oct 26 (Bernama) - The High Court here today ordered the prime suspect in connection with last week’s hit-and-run accident in Cyberjaya that caused the death of Telekom Malaysia Bhd Unifi employee Wan Amirah Wan Alias, 31, released from remand immediately.

Judge Datuk Ab Karim Ab Rahman also ordered two other suspects to be released by 5pm today.

The court issued the order after allowing an application made by the 23-year-old suspect from Libya and his friends - a 20-year-old also from Libya and a 22-year-old from Yemen, who were remanded for five days from Tuesday (Oct 23).

The three suspects were remanded under Section 302 of the Penal Code for murder.

Previously, they were remanded under Section 41 of the Road Transport Act (APJ) 1987.

In his judgment, Ab Karim said the court found that the remand application against the three suspects under Section 302 of the Penal Code did not indicate that the suspects had been released from the previous remand (under Section 41 of the APJ), and then re-arrested.

"This makes the remand application an extension to the previous remand that violates Section 117 (2) of the Criminal Procedure Code, and also, the magistrate does not give any reason for the detention (remand under Section 302 of the Penal Code).

"The court is reviewing the order made by the Sepang Magistrate's Court and the three suspects are to be released immediately before 5pm," he added.

Earlier, Dinesh Muthal's lawyer argued that he believed that the magistrate had erred when issuing a five-day remand order for an investigation under Section 302 of the Penal Code.

He said the provisions under Section 117 of the KPJ did not allow the police to recapture the suspect under Section 302 of the Penal Code using the same facts as the remand application under Section 41 APJ.

"I am not saying my client is innocent but the procedure of the law has been misused," he said.

The three suspects were also represented by lawyers Luqman Mazlan, Mohd Redhuan Mohamed Yusoff, Jeremy Vinesh, Mehnagha Luckhmana and Nur Siti Fairuz Roslan while Ahmad Nazneen Zulkifli appeared for the prosecution.

A footage of a video that went viral on social media showed Wan Ami­rah being hit by a car as she was crossing Shaftsbury Square at 7.30 pm on Wednesday (Oct 17).

She was dragged for several metres along the road. She suffered serious injuries and was taken to Putrajaya Hospital where she died the following day.

MY Bernama

Asean LIP works with Bernama to bring you the latest Malaysian legal news. Bernama is the national news agency of Malaysia. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or Bernama. Neither the Publishers nor Bernama will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and Bernama also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

Ministers' Pay Cut to remain in Force - Guan Eng

KUALA LUMPUR, Nov 14 (Bernama) - The 10 per cent salary cut for all Cabinet ministers will remain in force, Finance Minister Lim Guan Eng said today.

Read More

INDUSTRY UPDATES

UM bags 13th LAWASIA International Moot Competition

KUALA LUMPUR, Nov 13 (Bernama) - A group of University of Malaya (UM) Bachelor of Law (LLB) students emerged as International Champion at the 13th LAWASIA International Moot Competition held early this month.

Read More

INDUSTRY UPDATES

Time for BNM to reimpose Financing Quota - HBA

KUALA LUMPUR, Nov 13 (Bernama) - It is time for Bank Negara Malaysia (BNM) to reimpose financing quota that the banks need to adhere to in order to assist first-time home buyers, said the National House Buyers Association (HBA).

Read More

INDUSTRY UPDATES

Death of RMN Personnel: Court orders another Probe by Inquiry Board

KUALA LUMPUR, Nov 13 (Bernama) - The High Court here today ordered the Malaysian Armed Forces Council to set up a board of inquiry to determine whether Royal Malaysian Navy (RMN) seaman Muhammad Lailaltuiman Mohd Sukri, who died at a detention room in Sungai Wangi, Sitiawan, was mentally and physically abused while he was attached with KD LEKIR.

Read More

INDUSTRY UPDATES

Need to address, curb questioning of Constitution - Sultan Sharafuddin

SHAH ALAM, Nov 13 (Bernama) - The act of a certain group in questioning the sanctity of Islam, the special rights of the Malays and Bumiputeras, the national language, and the function and position of the Malay Rulers enshrined in the Federal Constitution need to be immediately addressed and curbed.

Read More

INDUSTRY UPDATES

Anwar's Challenge over Implementation of NSC Act remitted to High Court

PUTRAJAYA, Nov 13 (Bernama) - The Federal Court today remitted PKR president-elect Datuk Seri Anwar Ibrahim's legal challenge over the implementation of the National Security Council Act (NSC) 2016 back to the High Court for hearing.

Read More

INDUSTRY UPDATES

MATTA appeals for Temporary Waiver of Visa Fees for Chinese and Indian Tourists

KUALA LUMPUR, Nov 13 (Bernama) - The Malaysian Association of Tour and Travel Agents (MATTA) is appealing for a temporary waiver of visa fees for tourists from China and India, in order to boost visitor arrivals to Malaysia.

Read More

INDUSTRY UPDATES

SME Non-performing Loans in Malaysia among World's Highest

JOHOR BAHRU, Nov 13 (Bernama) - Malaysia’s Non-Performing Loans (NPLs) among Small and Medium Enterprise (SME) entrepreneurs are among the world’s highest, said Entrepreneur Development Minister Datuk Seri Mohd Redzuan Yusof.

Read More

INDUSTRY UPDATES

IRB puts 79,786 Tax Evaders on Notice

KUALA LUMPUR, Nov 13 (Bernama) - The Inland Revenue Board (IRB) has identified 79,786 individuals, companies, organisations, cooperatives and more with property and extraordinary wealth who have yet to pay tax.

Read More

INDUSTRY UPDATES

Government urged to review Scheduled Salary Deductions for PTPTN Loanees

KUALA LUMPUR, Nov 12 (Bernama) - A Pakatan Harapan MP today urged the government to review the scheduled salary deductions for National Higher Education Fund Corporation (PTPTN) loanees who earned more than RM1,000 a month.

Read More

INDUSTRY UPDATES

EPF extends Mohamad Nasir's term to December 31, 2019

KUALA LUMPUR, Nov 12 (Bernama) - The Employees Provident Fund (EPF), with the approval from the Ministry of Finance, has agreed to extend Datuk Mohamad Nasir Ab Latif’s term as Deputy Chief Executive Officer (Investment) until Dec 31, 2019.

Read More

INDUSTRY UPDATES

New Name for FT Ministry expected Early Next Year - Khalid

LABUAN, Nov 11 (Bernama) - The new name for the Federal Territories Ministry is expected to be made known early next year, said its Minister Khalid Abdul Samad.

Read More

INDUSTRY UPDATES

Court issues Warrant of Arrest against Shahidan Kassim

KANGAR, Nov 9 (Bernama) - The Kangar Sessions Court today issued a warrant of arrest against former Minister-in-the-Prime Minister’s Department Datuk Seri Shahidan Kassim for failing to be present in court to face charges, believed related to the case where an under-aged girl was allegedly molested by him recently.

Read More

INDUSTRY UPDATES

Budget 2019 reflects Malaysia's Commitment to ensure a Conducive Business Environment

KUALA LUMPUR, Nov 5 - “The new and extended incentives announced under Budget 2019 reflect Malaysia’s commitment in ensuring a conducive business environment for domestic and foreign investors against the backdrop of global challenges. As the principal investment promotion agency for the country, MIDA looks forward to the holistic study to review the 130 existing investment incentives under the purview of 32 Investment Promotion Agencies. This is in line with our continuous advocacy for incentives that are targeted, time-based and relevant to advances in technology and innovation. The review is timely to ensure the optimal use of the country’s resources,” said Dato’ Azman Mahmud, Chief Executive Officer of MIDA.

Read More

INDUSTRY UPDATES

Property Crowdfunding Framework to support Home Ownership Measures outlined in Budget 2019

The Securities Commission said it would be reviewing the details of the proposed structure and our Guidelines on Recognised Markets (RMO Guidelines) to facilitate the establishment of property crowdfunding platforms as announced in Budget 2019.

Read More