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KUALA LUMPUR: The High Court here dismissed a habeas corpus petition from Alvin Goh Leong Yeong, who fled the Malaysian Anti-Corruption Commission (MACC) office in October, for his detention under the Crime Prevention Act (Little ) of 1959.
Judicial Commissioner Azhar Abdul Hamid made the decision after hearing presentations from the parties involved here on Monday (November 16).
“Having gone through the written submissions and the legal authorities applied by the applicant and the defendants, I agree with the defendants on the preliminary objection. Therefore, I reject this application,” he said.
Earlier, lawyer Datuk Seri Gopal Sri Ram, who represented Goh, argued that the Poca Section under which his client was being detained was unconstitutional and any order issued under it was null and void.
Meanwhile, lead federal attorney Muhammad Sinti, who appeared for the defendants, raised a preliminary objection on the basis that Goh’s request had become academic as he was now in pretrial detention for 38 days under a different Poca order.
“There is no longer a live issue on which the court must decide, as the matter has now become academic,” he said.
Later, SFC Muhammad told reporters that Goh is now in a 38-day detention under Poca, following the first 21-day detention period that he challenged.
“The 38-day extension is expected to end on December 20.”
Goh filed the habeas corpus petition on November 3 for an immediate release from his 21-day detention under Poca, linked to an investigation into the illegal online gambling syndicate.
The 32-year-old named ASP Investigative Officer Khairul Fairoz Rodzuan, Magistrate of the Kuala Lumpur Magistrates Court, Inspector General of Police and the government as the first, second, third and fourth respondents, respectively.
In the request, Goh said that his arrest and detention on October 27 under Section 4 (1) (c) of the Common Gambling Houses Act of 1953 and under Section 4 (1) (a) of Poca on 31 October was illegal, did not comply with the procedure and bad fide (bad faith).
He also seeks an order that the October 31 pretrial detention order from the Kuala Lumpur Magistrates Court, which allowed his detention for 21 days from October 31 to November 21 under Poca, was illegal.
Since October 2, the Malaysian Anti-Corruption Commission (MACC) has detained more than 20 people, including eight police officers and staff along with Goh.
They were arrested on suspicion of money laundering, as well as involvement in currency and Macao scams run by a Chinese union.
On October 11, all of the suspects were released on MACC bail, but Goh fled the MACC headquarters in Putrajaya as policemen waited to re-arrest him outside the compound.
After a manhunt began, he was located and arrested on October 27.
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