Detention of locals acquitted of criminal charges unusual, say lawyers

  • last year
Lawyer A Sivananthan suggests that the court blacklist their passports to prevent them leaving the country.

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https://www.freemalaysiatoday.com/category/nation/2023/11/16/detention-of-locals-acquitted-of-criminal-charges-unusual-say-lawyers/

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Transcript
00:00 It will be a highly unusual step if the prosecution were to ask the court to detain locals who
00:05 have been cleared of criminal charges.
00:08 This comes after the mother of the late Tina Veen threatened to go on a hunger strike unless
00:13 prosecutors secure arrest warrants for the five accused who were cleared of his murder
00:17 last month.
00:19 Lawyers said such a move is typically used for foreigners as they are potential flight
00:23 risks and, once acquitted, would be extremely difficult to locate for the purposes of an
00:27 appeal.
00:29 Prosecutor N Sivanandan said in his 31 years of criminal law practice he does not know
00:34 of any case where prosecutors sought to detain an acquitted local.
00:38 He said the court could instead blacklist the passports of the five to stop them from
00:42 leaving the country.
00:44 Meanwhile, lawyer Kitson Fung said that before issuing an arrest warrant, the prosecution
00:49 must prove to the court that the local is a flight risk.
00:53 Still, Fung said this would be tough to do as the court only considers such requests
00:58 from the prosecution in rare and exceptional cases.
01:02 Lawyer A Srimurugan said it would be too soon for the prosecution to ask to detain the five
01:07 as it still needs appeal records such as evidence notes, grounds of judgment and trial exhibits.
01:14 He also said the AGC should be given the time and space to perform their duties in the public
01:18 interest.
01:19 Dhanesh Rajareza, FMT News.

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