Petikan yang relevan daripada penghakiman Yang Arif Dato’ Indera Mohd Sofian Bin Tan Sri Abd Razak dalam kes Richard Arokiam di peringkat Mahkamah Tinggi pada 15 Mei 2017 adalah seperti yang berikut: “ii) The 2nd issue, was the fact that there were discrepancies between the reply by Inspector Billy the police investigating officer and the repy by Puan Siti Rafidah, the Inquiry officer. iii) The 3rd issue was the failure to comply with Section 3(3) of the Act. 12 Both issues will be dwelt with together as both as intertwined. According to the learned counsel, in paragraph 11 of the affidavit in reply by Inspector Billy, the police investigating officer stated that on 8.8.2016 he had served a copy of his investigation report to the Hon Deputy Minister, who confirmed receiving the same from Inspector Billy Stephen and also served a copy of the report on the Inquiry officer. However in paragraph 6 of the affidavit in reply of Siti Rafiah, the Inquiry officer stated that on 23.8.2016 she received a copy of the report from Inspector Billy Stephen. The inquiry officer however did not mention that she had received a complete report of Inspector Billy Stephen on 8.8.2016. There was not corrective affidavit filed by the Inquiry officer with regard to whether she had received the report from the investigation. The learned counsel cited the cases of S.K Tangakiswaran v TMDN & Ors (2009) 6 CLJ 705 and Murugan Supparamaniam v TMDN 7 Ors (2010) 4 MLJ 488. In so far as the issue of non-compliance of Section 3(3) of the Act, it was pegged to the discrepancies of the material facts in the police investigating officer affidavit in reply and that of the Inquiry officer. The learned counsel submitted that the respondent failed to show that a copy of the report by Inspector Billy Stephen was received by the Inquiry 13 officer on 8.8.2016 as averred by Inspector Billy Stephen. Instead the Inquiry officer in her affidavit in reply stated that she received a copy of the report by Inspector Billy Stephen on 23.8.2016 contrary to what Inspector Billy Stephen had stated. The query was whether the report which Inspector Billy Stephen served on the 8.8.2016 on the Inquiry officer and the report which the Inquiry officer received on 23.8.2016 were the same reports of the investigation by Inspector Billy Stephen on the applicant held on 26.7.2016. Since two inferences could be made with regard to the report served by Inspector Billy on 8.8.2018 and the report received by the Inquiry officer on 23.8.2016, in consequence thereof, the respondent has failed to prove that a report referred to in Section 3(3) of the Act had actually served on the Inquiry officer. The respondent in response to the above averment submitted that the discrepancies in the two dates which Inspector Billy Stephen served on the Inquiry officer on 8.8.2016 and the receipt by the Inquiry officer on 23.8.2016 was a typographical error. The respondent relied on the case of Tay Lay Beng v MHEDN (2004) 8 CLJ 674. The Court having perused the relevant affidavit in reply of Inspector Billy Stephen, the investigating officer, Siti Rafiah, the Inquiry officer and YB Maisr a.k. Kujat, the Hon Deputy Minister, was of the view that the discrepancies 14 between the two dates namely 8.8.2016 as date of service of report by Inspector Billy Stephen and 23.8.2016 as dated of receipt by the Inquiry officer was clearly a topographical error when it is compared to the affidavit in reply of the Hon Deputy Minister at paragraph 7 where it was stated as follows: ‘7.Pada 08.08.2016, saya telah terima laporan lengkap penyiasatan yang berkaitan dengan aktiviti Pemohon daripada Inspektor Polis Billy Stephen iaitu Pegawai Penyiasat Polis dibawah seksyen 3(3) Akta tersebut. Selanjutnya, pada 09.08.2016, saya telah menerima laporan di bawah seksyen 5(4) Akta tersebut dari Pegawai Siasatan Kementerian Dalam Negeri, Siti Rafiah binti Zainuddin.’ The Court was of the view that the Inquiry officer must have received the investigation report on 8.8.2016 and had mistakenly stated in her affidavit in reply that she received it on 23.8.2016. Upon receipt of the investigation report on 8.8.2016, she then prepared and served her inquiry report on the Hon Deputy Minister on 9.8.2016. The Court was of the considered view that pursuant to Section 6(1) of the Act, before the Hon Minister made the detention order on the applicant, it was imperative on him to consider the two (2) reports namely: 15