Malaysia

Lawyer rebukes prison authority for ‘late release’ of detainee despite posting of bail

Officials can face civil action for wrongful detention, says Gerakan vice-president

Updated 4 years ago · Published on 04 Jun 2022 9:02AM

Lawyer rebukes prison authority for ‘late release’ of detainee despite posting of bail
Gerakan vice-president and lawyer, Datuk Baljit Singh, criticises prison authorities for the release of a detainee, taking one week, after his bail was posted, questioning how a person can be detained further when the court has allowed him to be released on bail and the bail deposit paid. – Baljit Singh Facebook pic, June 4, 2022

GEORGE TOWN – Gerakan vice-president Datuk Baljit Singh, who is a lawyer, has criticised the authorities’ alleged move to release a detainee a week after his bail was posted by a relative.

He described the oversight or overly bureaucratic process on the part of the prison authority as unnecessary.

Speaking on social media, he said that what begs an answer is how a person can be detained further when the court has allowed him to be released on bail and the bail deposit was paid.

“Releasing a person from prison does not take one week. The procedure is not that long. This may subject the prison authorities to civil action for wrongful detention,” he said.

“The authorities need a gentle reminder that the liberty of Malaysians is guaranteed by the federal constitution, and it should be respected by all parties.”

Baljit said the accused was charged under Section 15(1)(a) of the Dangerous Drug Act 1952 and subsequently detained by the police and remanded.

He was brought to a magistrates’ court on May 25 and bail of RM2,500 was granted with one bailor.

However, due to the non-payment of the bail amount at the time, the accused continued to be detained in prison, he added.

“Time was needed to raise the amount. The bailor was the accused’s cousin, who sold his motorcycle for this purpose,” Baljit said.

On June 1, the bailor submitted the bail money to the court, as he was directed earlier. But this is where it got complicated.

The prison authority, according to Baljit, is only willing to release the detainee one week later on June 8, citing a need to observe standard operating procedures (SOPs).

It is believed that the SOPs are related to the Covid-19 situation in close confinement.

However, Baljit argued that using the SOPs as a reason is wrong, unless there are now some new SOPs that the public is unaware of.

“The courts must also put an end to such practices. There must be clearer and concise SOPs on this matter,” said Baljit.

The prison officials could not be reached for a comment. – The Vibes, June 4, 2022

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