<p>KUALA LUMPUR: Soldiers awaiting trial in a military court can be detained for more than 72 days without a separate remand order, provided investigations have been completed, the Kota Baru High Court has ruled.
Key takeaways
The Kota Baru High Court ruled that soldiers can be detained beyond 72 days without a separate remand order if investigations are complete, citing Section 96(3) of the Armed Forces Act 1972. This decision dismissed a lawsuit filed by a former army corporal regarding his unlawful detention for a drug offence.
- Judicial commissioner Shamsul Bahrin Abdul Manaf ruled that Section 96(3) allows detention before court-martial proceedings begin.
- The court dismissed a lawsuit by former corporal Mohd Marzuki Mat Jusoh regarding his 2020 detention for a drug offence.
- Marzuki argued his detention exceeded the 72-day limit set by Rule 15(3) of the Armed Forces Court-Martial Rules.
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KUALA LUMPUR: Soldiers awaiting trial in a military court can be detained for more than 72 days without a separate remand order, provided investigations have been completed, the Kota Baru High Court has ruled.
Judicial commissioner Shamsul Bahrin Abdul Manaf ruled that Section 96(3) of the Armed Forces Act 1972 allowed military authorities to detain soldiers even before their court-martial proceedings begin.
He said the provision did not require a separate remand order for such detention.
"Section 96(3) does not spring into life only after the court-martial has been assembled.
