kOTA KINABALU: The Court of Appeal upon Thursday backed a Magistrate's Court's sequence to recover all a equipment seized from a businessman who was reportedly admitted a 33rd Sultan of Sulu.
Justices Datuk Syed Ahmad Helmy Syed Ahmad, Mah Weng Kwai as well as High Court Judge Datuk David Wong unanimously authorised Datu Mohd Akjan Ali Muhd's appeal as well as set in reserve a sequence of a High Court.
The High Court had, upon March twenty this year, set in reserve a sequence of a magistrate, statute which a justice was wrong in grouping an umbrella recover of a seized equipment to Akjan.
The Magistrate's Court had, upon Dec 16, 2011, done an sequence to recover all a 33 equipment completely to Akjan, who had filed a application.
The equipment were seized when Akjan was detained upon May 15, 2011 as well as remanded for 7 days to facilitate military review upon him being admitted Sulu Sultan in a in isolation rite in Kg Likas in Feb a same year as well as for an purported corruption underneath Section 130C of a Penal Code for committing terrorism acts. He was expelled later but condition upon May 22 a same year.
In Thursday's proceedings, counsel PJ Perira, who represented Akjan, appealed for a High Court's decision to be set in reserve as well as to return a magistrate's sequence which all articles/items seized upon May 15, 2011 be expelled to Akjan but any conditions.
Perira told a justice which a High Court d! ecider h ad erred in law when he pronounced which underneath Section 413 of a Criminal Procedure Code (CPC)m it is not mandatory for military to inform to a justice any such skill seized from such chairman for a purpose of disposal.
He submitted which underneath Section 413, a physical condition or finding by any military military officer of skill taken or purported or suspected to have been stolen or found underneath circumstances which emanate guess of a elect of any corruption shall be immediately reported to a justice who will then make an sequence as she/he thinks fit in apply oneself of a pronounced property.
Perira pronounced it had been almost one year as well as five months given a military seized a equipment after a appellant was expelled as well as no charges have been elite opposite him.
"Under Section 120 of a CPC, review writings have been to be submitted to a DPP's office inside of one week of a expiry of a period of three months from a date of a initial infirmation report.
"The military did not inform a physical condition of equipment from a appellant upon May 15, 2011 to a justice in accordance with Section 413 of a CPC.
If there is no inform done by a military to a magistrate, then a physical condition as well as detention of a articles/items have been unlawful.
"Further, a appellant mislaid a contacts of his clients as well as commercial operation report stored in equipment seized (handphones as well as iPad) by a military as well as incurred loss in millions of ringgit value of commercial operation contracts," Perira said. (DE)
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