Saturday, April 2, 2011

Administrative law- a guide to your exams- A Comment on FC Art 5(3)

RIGHT OF AN ACCUSED TO  LEGAL COUNSEL
Ooi Ah Phua v Officer in Charge, Criminal Investigations, Kedah/ Perlis [1975] 2 MLJ 198 at 200
Cannot be exercised immediately- balance must be struck between the right of a person to consult his lawyer and the duty of the police to collect evidence of the wrongdoing.

Hashim bin Saud v Yahaya [1977] 2 MLJ 116 - onus of proving that if the right if exercise would impede investigations falls on the police.

c/f   PP v Nomezam Apandy [2005] 4 MLJ 365- right exists at the time of arrest.

Theresa Lim Chin Chin v Inspector General of Police [1988]1 MLJ 293should be left to the good judgment of the authority.

Mohd Ezam v Ketua Polis Negara [2002] 4 MLJ 449 FC - The ISA makes no provision for denial of access to legal representation which would be inconsistent with Art5(3) of the FC.

No comments:

Post a Comment