KUALA LUMPUR: A Bangladeshi national sent a letter to the Temerloh High Court stating that he and two other fellow nationals did not understand the charges they faced in the Raub Sessions Court due to the absence of an interpreter.
Md Habibur Rahman, Mohammad Firoz Kazi, and Md Masudur Rahman, claimed they did not understand Malay, yet they had pleaded guilty to charges under Section 394 of the Penal Code (KK).
This section pertains to robbery causing injury and provides for a penalty of imprisonment for up to 20 years, and a fine or whipping upon conviction.
As a result, the Raub Sessions Court sentenced the three accused to eight years in prison and three lashes of the cane.
Temerloh High Court judge Roslan Mat Nor said that there were inaccuracies and improprieties in the Sessions Court proceedings based on a review of the notes.
This required the High Court to exercise its revisionary jurisdiction to correct the matter.
"Therefore, the conviction and sentence given by the Sessions Court are set aside. The case is remitted to the Sessions Court under Section 316 (a) of the Criminal Procedure Code (KPJ) for the charge to be read.
"If the court places importance on justice and implements it as provided by the law, the rights of the accused will be guaranteed, allowing them to enjoy a fair trial process," he said in a judgment dated May 10, uploaded via the e-Judiciary management system.
Roslan emphasised that justice for the accused is more important than pursuing case disposal numbers.
"Justice cannot be sacrificed for the resolution of criminal cases that are not conducted according to the law.
"It is undeniable that there are times when the accused need the charges to be explained in a language they understand before making a guilty or not guilty plea.
"The rights of the accused are guaranteed under the law and need to be respected and observed by judges, magistrates, and interpreters when reading the charges in compliance with Section 173 (b) KPJ," he said.