Lawyer Rosli Kamaruddin said Section 117 of the CPC could be applied when MACC wants to detain suspects between seven and 14 days to complete its probe.
All law enforcement agencies are allowed to hold suspects for 24 hours but must produce them before magistrates to extend the remand period.
“I disagree that anti-graft officers must only utilise Section 49 of the MACC Act. That provision comes into play only when the suspect has defaulted bond conditions,” he said in his submission.
He said MACC, just like the police, was allowed to use the CPC to try offences under the Penal Code and other laws.
Rosli was invited by Justice Abu Bakar Katar as amicus curiae (friend of the court) to assist him in a revision proceeding to determine if MACC could resort to the CPC provision.
On May 16, a magistrate in Johor Bahru refused to order a seven-day remand on a suspect who allegedly used forged documents to obtain an undisclosed amount of money from the Social Security Organisation (Socso) during the Covid-19 lockdown.
The claims were said to have been made under the government’s PenjanaKerjaya programme, designed to assist employers whose incomes were affected by the lockdown.
The magistrate said she was bound by a May 11 High Court ruling by Justice Roslan Mat Nor that the investigation agency (MACC) must rely on remand procedures set out in Section 49 of the MACC Act and not those contained in the CPC.
Rosli, however, said the magistrate was right in refusing the remand as the MACC officer’s investigation diary lacked information as to why the remand should be extended.
Deputy public prosecutor Wan Shaharuddin Wan Ladin, appearing for MACC, submitted that the magistrate had erred in disallowing the remand application.
Abu Bakar will deliver his decision on July 12.
Meanwhile, Justice Zainal Azman Aziz of the Kuantan High Court will deliver his ruling on July 7 following a similar application filed by MACC.
A magistrate on June 7 also declined to allow an application by MACC to remand a district police chief under the CPC.
Lawyer Bob Arumugam represented the police officer while deputy public prosecutor Rifah Abdul Mutalif appeared for MACC.
The district police chief is being investigated in connection with allegations that he had taken bribes to “protect” unlicensed entertainment outlets and massage parlours. He was released on bond on June 8.
In May, Roslan had ruled that MACC could not rely on provisions in the CPC to remand suspects for investigation purposes.
Roslan said MACC could detain a person for up to 24 hours but must seek a remand order under Section 49(4) of the MACC Act for a longer detention period.
MACC has filed an appeal in the Court of Appeal, accompanied by a certificate of urgency. Case management has been scheduled for July 21 pending preparation by the High Court of the appeal records.