Court rejects habeas corpus application by ‘Datuk’ and two cops


KUALA LUMPUR: A “Datuk” and two policemen who are currently detained under the Prevention of Crime Act (Poca) 1959 will remain in custody until Dec 6 after the High Court dismissed their habeas corpus application.

Judicial Commissioner Aslam Zainuddin made the dismissal after hearing submissions yesterday.

“My decision is that the application for habeas corpus is dismissed,” he said.

It is understood that the written grounds of judgment will be issued later after the applicants file their appeals.

On Oct 19, businessman Zaidi Kanapiah, or better known as “Datuk” Addy Kana, Kpl Mohd Hairy Mohammad and Kpl Muhamad Amin Nur Rashid Mohamed Puad filed the habeas corpus applications separately to demand an immediate release from detention.

They named the Kuala Lumpur Magistrate’s Court, the Inspector-General of Police, the government and Asst Supt Khairul Fairoz Rodzuan as respondents.

This is following their 21-day remand under Section 4(2)(a) of Poca from Oct 14.

The applicants were represented by lawyers Datuk Seri Gopal Sri Ram, Gobind Singh Deo, Jacky Loi, Mohd Haijan Omar and Shahrizal Abdul Manan.

Earlier, the lawyers submitted that the detention of the applicants was illegal, had no basis, not in compliance with procedure and mala fide.

Meanwhile, Senior Federal Counsel Muhammad Sinti, who represented the respondents, submitted that all the procedural requirements needed for detention under Poca had been met.

When met, Gobind told reporters that they would appeal against the decision at the Federal Court.

Addy’s wife, known as Alyaa Syuhaila, was also present during the proceeding.

On Oct 13, it was reported that Kuala Lumpur CID chief Senior Asst Comm Nik Ros Azhan Nik Ab Hamid said the police had rearrested three individuals after the court rejected a remand order applied by the Malaysian Anti-Corruption Commission (MACC).

The suspects were detained by police for an online gambling and Macau scam investigation after they were released by the MACC.

After the initial 21-day remand order, a Magistrate’s Court here on Oct 30 extended the remand for another 38 days, which is expected to end in December.

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