Chapter 1 – Report of the Policy, Law and Complaints Group seems to indicate that the existence of the Board is merely to authenticate the detention of a person rather than to question the trail of investigations, the evidence obtained, and the necessity to detain a person. The Inquiry Officer on the other hand, as elucidated below, is vested with the power to decide on various matters with regard to the arrest and detention of a person. The Commission strongly emphasises that in such a situation, the Board may not necessarily provide the check and balance necessary nor reduce any abuse of power. In the absence of trial in an open court, the possibility of a miscarriage of justice is clearly present. POTA missed an opportunity to exhibit the strength and advantage of the Board as an independent and impartial body that is able to act as a safeguard to ensure that rights of detainees are protected. POTA should, at the very least, attempt to ensure that the Board mirrors as closely as possible the judicial process in determining the necessity of the detention, creating a semblance of a court process. (iii) Powers Vested in the Inquiry Officer (IO) The appointment of the IO under Section 9 is vague and does not specifically prescribe23 the qualifications or criteria for the appointment of an IO. Although Section 9(2) prohibits the appointment of any police officer as an IO, in the absence of clear guidelines on qualifications of an IO, the appointment process is a matter of the Minister’s discretion. In addition, the Commission is perturbed by the vast powers vested in the IO who is in charge of conducting the investigation and inquiry, assessing and examining evidence, and making recommendations that bind the Board.24 It is submitted that, if POTA were to be abused, it would be highly probable for it to be done during the process of inquiry, particularly since POTA does not set out clear guidelines meant to ensure the credibility and independence of the Inquiry Officer. (iv) Denial of Legal Representation The Commission views the lack of legal representation of an accused person during the Section 13(1) Whenever the Board, after considering(a) the complete report of the investigation submitted under subsection 3(4); and (b) the report of the Inquiry Officer submitted under section 12, is satisfied with respect to any person that such person has been engaged in the commission or support of terrorist acts involving listed terrorist organisations in a foreign country or any part of a foreign country, the Board may, if it is satisfied that it is necessary in the interest of the security of Malaysia or any part of Malaysia that such person be detained, by order (“detention order”) direct that such person be detained for a period not exceeding two years. 23 Appointment of Inquiry Officer Section 9(1) The Minister may in writing appoint any person by name or office, and either generally or for any particular case, to an Inquiry Officer for the purpose of the Act. 24 Section 9(2) of the PCA. 62 BOOK-ANR2016-01-latest.indb 62 08/04/2016 3:32 PM