Sunday 14 October 2012

AKJAN'S SEIZED ITEMS REINSTATED







kOTA kINABALU: The Court of Appeal on Thursday reinstated the Magistrate's Court's order to release all the items seized from a businessman who was reportedly proclaimed the 33rd Sultan of Sulu.

Justices Datuk Syed Ahmad Helmy Syed Ahmad, Mah Weng Kwai and High Court Judge Datuk David Wong unanimously allowed Datu Mohd Akjan Ali Muhd's appeal and set aside the order of the High Court.

The High Court had, on March 20 this year, set aside the order of the magistrate, ruling that the magistrate was wrong in ordering an unconditional release of the seized items to Akjan.

The Magistrate's Court had, on Dec 16, 2011, made an order to release all the 33 items unconditionally to Akjan, who had filed the application.

The items were seized when Akjan was detained on May 15, 2011 and remanded for seven days to facilitate police investigation on him being proclaimed Sulu Sultan in a private ceremony in Kg Likas in February the same year and for an alleged offence under Section 130C of the Penal Code for committing terrorism acts. He was released later without condition on May 22 the same year.

In Thursday's proceedings, counsel PJ Perira, who represented Akjan, appealed for the High Court's decision to be set aside and to reinstate the magistrate's order that all articles/items seized on May 15, 2011 be released to Akjan without any conditions.

Perira told the court that the High Court judge had erred in law when he said that under Section 413 of the Criminal Procedure Code (CPC)m it is not mandatory for police to report to the magistrate any such property seized from such person for the purpose of disposal.

He submitted that under Section 413, the seizure or finding by any police officer of property taken or alleged or suspected to have been stolen or found under circumstances which create suspicion of the commission of any offence shall be immediately reported to a magistrate who will then make an order as she/he thinks fit in respect of the said property.

Perira said it had been almost one year and five months since the police seized the items after the appellant was released and no charges have been preferred against him.

"Under Section 120 of the CPC, investigation papers are to be submitted to the DPP's office within one week of the expiry of the period of three months from the date of the first infirmation report.

"The police did not report the seizure of items from the appellant on May 15, 2011 to the magistrate in accordance with Section 413 of the CPC.

If there is no report made by the police to the magistrate, then the seizure and detention of the articles/items are unlawful.

"Further, the appellant lost the contacts of his clients and business information stored in items seized (handphones and iPad) by the police and incurred loss in millions of ringgit worth of business contracts," Perira said. (DE)



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