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

White Paper on Defence to be tabled in Parliament this Year

KOTA KINABALU, Jan 17 (BERNAMA) - The Ministry of Defence will table a White Paper on Defence which will detail the tasks and roles of the Malaysian Armed Forces, said Defence Deputy Minister Senator Liew Chin Tong.

Read More

INDUSTRY UPDATES

Chief Justice calls for Government Audit on Rights of Indigenous People

KOTA KINABALU, Jan 17 (Bernama) - Chief Justice Tan Sri Richard Malanjum today proposed that the government conduct an audit on the rights of the indigenous people to ensure that they are in line with the United Nations declaration.

Read More

INDUSTRY UPDATES

Complaint Boxes for Iskandar Puteri Schools to tackle Crimes

ISKANDAR PUTERI, Jan 14 (Bernama) - The Iskandar Puteri District police have suggested for the district’s schools to provide boxes for information or complaints to tackle various crimes involving students.

Read More

INDUSTRY UPDATES

Tax Amnesty Programme aims to reduce People's Burden, says IRB

KUALA LUMPUR, Jan 14 (Bernama) - The Special Voluntary Disclosure Programme (SVDP) is a clear indication of the government's desire to reduce the burden of the people through taxation, Inland Revenue Board (IRB) chief executive officer Datuk Seri Sabin Samitah said.

Read More

INDUSTRY UPDATES

Tengku Abdullah to be proclaimed as New Sultan of Pahang on January 15

PEKAN, Jan 12 (Bernama) - The Regent of Pahang Tengku Abdullah Sultan Ahmad Shah will be proclaimed as the sixth Sultan of Pahang, succeeding Sultan Ahmad Shah, on Jan 15.

Read More

INDUSTRY UPDATES

Judges, Judicial Officers receive DoJ Training not due to High Profile Cases - CJ

PUTRAJAYA, Jan 11 (Bernama) - Chief Justice Tan Sri Richard Malanjum explained that the training of Malaysian judges and judicial officers by the United States Department of Justice (DOJ) was not due to the high profile money laundering cases, such as the ones involving former Prime Minister Datuk Seri Najib Tun Razak.

Read More

INDUSTRY UPDATES

Adapt Technology and Work from anywhere, CJ tells Lawyers

PUTRAJAYA, Jan 11 (Bernama) - With the tagline ‘Now Anywhere Can Work’, lawyers can now deal with their cases from anywhere through the use of technology introduced by the judiciary in order to have an efficient court system, said Chief Justice Tan Sri Richard Malanjum today.

Read More

INDUSTRY UPDATES

Malaysian Bar will continue to voice Concerns over use of Oppressive Laws - President

PUTRAJAYA, Jan 11 (Bernama) - The Malaysian Bar will continue to voice its concerns on the continued use of oppressive laws, said its president George Varughese.

Read More

INDUSTRY UPDATES

Full Force of the Law to be applied to Wrongdoers, says AG

PUTRAJAYA, Jan 11 (Bernama) - Attorney-General Tommy Thomas said today the full force of the law would be applied to wrongdoers.

Read More

INDUSTRY UPDATES

Matrade appoints Halim Mohamad as Chairman

KUALA LUMPUR, Jan 11 (Bernama) - Malaysia External Trade Development Corporation (Matrade) has appointed Tan Sri Halim Mohammad as its seventh chairman, effective Jan 1, 2019.

Read More

INDUSTRY UPDATES

Rizal granted Permission to transfer Corruption Case to High Court

KUALA LUMPUR, Jan 9 (Bernama) - The case of former special officer to the former Prime Minister, Datuk Rizal Mansor, who faces four corruption charges involving a solar hybrid system project for rural schools in Sarawak will be heard in the High Court.

Read More

INDUSTRY UPDATES

Kamis Samin is new Chief Administrator of Parliament

KUALA LUMPUR, Jan 7 (Bernama) - Prime Minister’s Department Ceremonial and International Conference Secretariat Division secretary Datuk Kamis Samin has been appointed as the new Chief Administrator of Parliament, effective today.

Read More

INDUSTRY UPDATES

Ku Nan's Case to be tried in High Court

KUALA LUMPUR, Jan 7 (Bernama) - The case of former Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor, who is facing two charges of receiving bribes totalling RM3 million, over the approval of an application by a company to raise the development related ratio in Jalan Semarak Kuala Lumpur, will be tried in the High Court.

Read More

INDUSTRY UPDATES

No Bail for former Goldman Sachs Banker Roger Ng

KUALA LUMPUR, Jan 7 (Bernama) - Former Goldman Sachs banker Roger Ng will remain in prison after the Sessions Court here today dismissed his application to be released on bail pending his extradition proceedings to the United States to face three criminal charges relating to 1Malaysia Development Berhad (1MDB).

Read More

INDUSTRY UPDATES

SC appoints Ong as Executive Director effective January 4

KUALA LUMPUR, Jan 7 (Bernama) - The Securities Commission Malaysia (SC) has appointed Ong Liang Heng as executive director in the chairman's office, effective Jan 4.

Read More