Why weren't protest students offered bail?
A Gerakan Youth leader has questioned the need for remanding the 17 students who were arrested for protesting outside Parliament, pointing out that bail could have been posted instead.
Gerakan Youth deputy chief Andy Yong believes it is high time for lawmakers and the relevant authorities to look into requirements of remand proceedings, particularly in cases related to less serious offences.
"The recent arrest of the 17 students who protested peacefully in front of Parliament is an example of possible abuse by the relevant authorities," Yong said in a statement today.
Citing Section 117 of the Criminal Procedure Code (CPC), Yong ( photo ) pointed out that the basis for a remand is when the investigation is not completed within 24 hours of the arrest and where there are grounds for believing that the accusation or information against (the accused) are well founded.
"Considering the manner of the arrest, I am sceptical that the police have been bona fide in carrying out their investigations in accordance with the law.
"The police could have allowed bail after the students’ statements were recorded. They do not require a complicated or difficult investigation, like those in serious offences. It is absurd even to allow three days of remand," Yong said.
The students have been cooperative
The practising lawyer added that this was especially since the students had been cooperative and were not likely to leave the country.
"I wonder what the police recorded in their investigation diary during the remand proceeding to provide the reasons for the remand.
"Often, the magistrate is obliged to allow such applications by the prosecuting officer or deputy public prosecutor instead of acting independently to consider the severity and merits of the case.
"The detaining the students caused undue stress, anguish and fear not only to them but to their family members as well. I therefore urge the authorities to act impartially and release them as soon as possible," said Yong.
A group of about 20 students, calling themselves 'Gerakan Mahasiswa Selamatkan Negara' (Student Movement to Save the Country), marched about 1.5 kilometres from Bank Negara to Parliament Square on Monday, calling for Prime Minister Najib Abdul Razak to resign.
The police arrested 16 students and an activist on Tuesday night, after a standoff outside the gate to Parliament, and took them to the Jinjang police station.
The students are being investigated under Section 124B of the Penal Code for activities detrimental to parliamentary democracy.
At yesterday's hearing, the magistrate gave the police three days' remand for the students instead of the one week remand order they sought.
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