KUALA LUMPUR (Bernama): Two Malaysian Anti-Corruption Commission (MACC) officers detained under the Security Offences (Special Measures) Act 2012 (Sosma), and believed to be linked to the Nicky Gang organised crime syndicate, have withdrawn their habeas corpus application seeking their immediate release.
Their lawyer Latheefa Koya told the High Court here on Monday (May 24) that her clients, aged 41 and 42, had withdrawn their applications as they were released on police bail on May 18.
Following this, Judge Datuk Ahmad Shahrir Mohd Salleh dismissed the applications.
The court had set Monday to hear the habeas corpus applications, which named Johor police chief Datuk Ayob Khan Mydin Pitchay, a police officer, the Inspector-General of Police, the Home Minister and the Malaysian Government as the first to fifth respondents.
The respondents are represented by senior federal counsel Muhammad Sinti.
In their applications, the two men submitted that their arrest and detention on April 21 and 27 respectively were not in compliance with procedures, a breach of the law, and not under the jurisdiction of the Johor police district.
They also claimed that the investigations conducted under Sections 130V up to 130ZB of the Penal Code covered a wide range of elements and the respondents had no basis to detain them under Sosma.
In addition, they also claimed that there was no element of crime to allow the use of Sosma and their detention was invalid, unlawful and mala fide because it contradicted, among others, Clauses 5 and 149 of the Federal Constitution.
On April 9,14 individuals, including two siblings of fugitive businessman Datuk Seri Nicky Liow Soon Hee, were charged at the Petaling Jaya Sessions Court with involvement in an organised criminal group known as “Geng Nicky”.
Nicky, 33, the founder of Winner Dynasty Group based in Setiawalk Puchong, Selangor, is wanted by the police after 68 of the gang members were arrested in Op Pelican 3.0 from March 20 to 28. – Bernama