Salesman detained under Poca files habeas corpus application


  • Nation
  • Friday, 14 Apr 2017

KUALA LUMPUR:  A salesman, who was detained under the Prevention of Crime Act 1959 (Poca), has filed a habeas corpus application at the High Court here to secure his release.

R. Vishnu Moorthy, 38, has named Bukit Aman Commercial Crime Investigation Department director Datuk Acryl Sani Abdullah Sani, Inspector-General of Police, Home Minister and the Public Prosecutor as respondents.

In his notice of motion that was filed and affirmed by his wife A. Magaswarie on Friday, he claimed that the detention order dated March 29 in relation to a foreign exchange investment case was in breach of Article 5(1) read together with Article 4 of the Federal Constitution.

Vishnu alleged that the respondents did not give him access to his counsel P. Uthayakumar.

In his notice of motion, he is seeking an immediate access to his counsel without police disturbance, and to be allowed to meet his wife, parents, family and close friends.

He also said the motion was ultra vires to Article 5(3) read together with Article 4 of the Federal Constitution, Section 42 of the Legal Profession Act, Section 28A subsections 2 - 7 of the Criminal Procedure Code and Section 126 of the Evidence Act 1950.

Vishnu made the application on the grounds that at all material times, he was only a salesman and not a shareholder, director, manager of the investment company that was confirmed by the Registrar of Societies.

He claimed that if his application was not allowed, “floodgates”  would be opened and “blank cheques” would be given to the police to abuse their power with "any and every suspected crime" without considering the legal principle that a man is presumed innocent until proven guilty.

 


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