Detained under POCA, businessman files habeas corpus application

KUALA LUMPUR: A businessman who has been remanded for 21 days under the Prevention of Crime Act (POCA) 1959 in connection with an illegal online gambling syndicate, has filed a habeas corpus application for an immediate release.

Goh Leong Yeong, 32, filed the application through a notice of motion in the High Court here on Nov 3 through Messrs. TY Teh Partners and named investigating officer ASP Khairul Fairoz Rodzuan, a magistrate at Kuala Lumpur Magistrate’s Court, the inspector-general of police and the government of Malaysia as the first to fourth respondents.

In the application, Goh who is also known as Alvin, submitted that his arrest and detention on Oct 27 under Section 4(1) (c) of the Common Gaming Houses Act 1953 and under Section 4 (1) (a) of the POCA on Oct 31 was unlawful, did not comply with the procedure and mala fide.

He is also seeking for an order that the remand order dated Oct 31 by the Kuala Lumpur Magistrate's Court which allowed his detention for 21 days from Oct 31 to Nov 21 under POCA was unlawful.

An order was also filed that the inclusion of paragraph 5, Part 1, Schedule 1 under POCA, that all persons involved in the organisation and promotion of illegal gambling as registrable categories, is ultra vires and beyond the scope of the act.

Meanwhile, during the proceedings before Judge Datuk Azhar Abdul Hamid today, the court set Nov 16 to hear the application.

Earlier, lawyer Gobind Singh Deo, representing Goh, told the court that they had applied for a date for the hearing.

Azhar instructed federal counsel Adilah Roslan, who represented all the respondents, to file a reply to Goh’s affidavit on or before Nov 16.

On Nov 2, the High Court here dismissed the application by Zaidi Kanapiah or better known as 'Datuk Addy Kana,' Corporal Muhamad Amin Nur Rashid Mohamed Puad and Corporal Mohd Hairy Mohammad, all aged between 34 and 39, for the court to issue a writ habeas corpus for an immediate release.

-- BERNAMA