I read Uncle Kit's press statement on Nat Tan's unlawful arrest and detention and found it to be interesting. He says that the police should investigate first then arrest and not the other way around. He further states that the PM should respect human rights and end police abuse of powers.Under section 117 of the Criminal Procedure Code, it allows for a detention of up to fifteen days (include the day of arrest). The police would have to make application before the Magistrate within the first 24 hours after the arrest was made subsequently they can apply for a remand order for several days. In the event police investigation is not completed during the remand period, the police can apply for further extension provided they would have to satisfy before the Magistrate that a further remand is needed. And the Magistrate must inquire into the investigation diary and papers to consider the application by the police.
Having said that, Uncle Kit's post an important area on the law of remand that should be further elaborated. Many issues to be consider for and against. However if one look at the issue at hand, every men is deemed to be innocent until proven otherwise by the court of law. What the police should have done is call Nat for an interview and I believe Nat has nothing to hide. He is not a notorious criminal that warrant an arrest. Let there be a thorough investigation who is responsible for the anonymous website making the RM5.5 million investigation against the Deputy Minister but leave Nat alone. By remanding him and more so arrest him in a very secret way suggest unprofessionalism of the police in handling the issue.
In view of this, and the many errors of judgment by the police, should the IPCMC be introduced back in Parliament for a full debate and not making Malaysia a super police state.
