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Tutorial Investigation Process

Hassan was charged with criminal breach of trust for allegedly using RM10,000 given to him by his employer to pay the company's electricity bill for his own purposes instead. Hassan claims trial. Hassan then instructs his lawyer that he was detained overnight in a police lock-up and questioned by police without a lawyer present. The next day, he was taken before a magistrate and given a 7 day remand order. That evening, he was questioned by a Sergeant and gave a cautioned statement saying he took the money for his girlfriend, but claims he signed it under duress. At trial, the prosecution intends to use the cautioned statement as evidence.

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Aina Arisya
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81 views1 page

Tutorial Investigation Process

Hassan was charged with criminal breach of trust for allegedly using RM10,000 given to him by his employer to pay the company's electricity bill for his own purposes instead. Hassan claims trial. Hassan then instructs his lawyer that he was detained overnight in a police lock-up and questioned by police without a lawyer present. The next day, he was taken before a magistrate and given a 7 day remand order. That evening, he was questioned by a Sergeant and gave a cautioned statement saying he took the money for his girlfriend, but claims he signed it under duress. At trial, the prosecution intends to use the cautioned statement as evidence.

Uploaded by

Aina Arisya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

TUTORIAL 3: Investigation Process

Hassan was charged in the Session Court at Muar for an offence of criminal breach of trust
under Section 408 of the Penal Code in that on 14.12.2000, Hassan was entrusted with a sum
of RM10,000/- belonging to his employer, Male Tank Sdn Bhd, for the purpose of settling
Male Tank Sdn BHd’s electricity bill. Hassan s alleged to have used the said sum of
RM10,000/- to his own purpose.

Hassan claimed trial.

Hassan retains you as counsel and instructs you as follows:

I am working as an accounts clerk with Male Tank Sdn. Bhd. On 18.12.2000, Inspector Wira
came to see me at Male Tank Office. Inspector Wira told me that he was investigating a case
of criminal breach of trust reported by James, the manager of Male Tank. Inspector Wira told
me to follow him to the police station at Jalan Roda, Kuala Lumpur as he wanted to record a
statement from me. Inspector Wira told me he intended to use me as a prosecution witness as
he suspected the criminal breach of trust was committed by Chan, the assistant accountant in
Male Tank. Inspector Wira took me to the police station at about 6.00pm. At the police
station, the attitude of Inspector Wira towards me changed. Inspector Wira was very rude and
abusive. Inspector Wira told me that if I did not corporate, he may prefer a serious charge
against me. Inspector Wira detained me in the police lock-up. I stayed overnight in the lock-
up. I was not allowed to contact my family members.

The next morning, I was taken before a magistrate by Inspector Wira. The magistrate granted
a seven days remand order against me. I was then taken back to the lock-up at the police
station.
On the following day, at about 8.00pm, I was brought before Sergeant Rosman. Sergeant
Rosman told me that he intended to record a cautioned statement from me in respect of the
criminal breach of trust of RM10,000/- belonging to Male Tank Sbn. Bhd. Before Sergeant
Rosman proceeded to record my statement, Sergeant Rosman administered cautioned to me. I
remember the caution.

Sergeant Rosman told me that:


‘I was obliged to answer all questions, honestly.’

Sergeant Rosman also told me that if I cooperate and have a good statement I will be released
the next day. I said in my statement that I tool the sum of RM10,000/- and spent it on my
girlfriend. Sergeant Rosman typed out the statement and asked me to sign it. I signed the
statement.

The following day, I was taken to the Session Court and charged.
At the trial, the prosecution intends to tender the cautioned statement as part of the
prosecution evidence.

With reference to relevant statutory provisions and decided cases, on what ground
would you, as counsel for Hassan, object to the admissibility of the cautioned statement
of Hassan.

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