D

Datuk Haji Harun Bin Haji Idris v PP

Datuk Haji Harun Bin Haji Idris v Public Prosecutor (1977)

  • Case Overview:

    • Corruption case involving the Menteri Besar of Selangor.

    • Appellant (Datuk Haji Harun) faced three charges related to soliciting money to approve state land.

  • Charges:

    • Soliciting 250,000 as inducement.

    • Misuse of power as a public body.

    • Accepting a large sum of money.

  • Initial Sentencing:

    • 1 year imprisonment for soliciting 250,000.

    • Total of 4 years imprisonment for the second and third charges.

    • Ordered to pay $$225,000 to UMNO Selangor.

  • Appellant's Arguments:

    • Case should have been transferred to the High Court according to Section 418A of the Criminal Procedure Code.

    • Argued Section 418A was inconsistent with Article 8 and void under Article 4 of the Constitution.

    • Evidence given was inadmissible.

  • Court's Holding:

    • Section 418A of the Criminal Procedure Code is not discriminatory as it applies to all criminal cases triable in a subordinate court.

    • The Constitution does not guarantee a preliminary inquiry as a fundamental right.

    • Accused had the chance of not being called upon for his defense which is why the depositions before trial was used.

  • Fair Trial:

    • The trial in the High Court followed the same rules of procedure and evidence.

    • The right to appeal addresses any potential defects in the law.

  • Attorney-General's Discretion:

    • Sections 417 and 418A of the Criminal Procedure Code are important for the Attorney-General to exercise power under Article 145(3) of the Federal Constitution.

    • Section 418A is used for cases of unusual difficulty or essential nature.

  • Expediting Trials:

    • Amendments to sections 138, 417, and 418A aimed to expedite trials.

    • Classification connected to the principle that alleged criminals should be placed on trial as soon as possible.

  • Golden Rule:

    • The judge used the golden rule instead of the literal rule to interpret "any particular case" under Section 418A of the Criminal Procedure Code.

    • Literal rule could lead to undesirable results and allow corruption to occur.