High court sets aside remand order against Boon

Justice Datuk Abdul Wahab Mohamed made the decision after reviewing the arguments from the Malaysian Anti-Corruption Commission (MACC) and the accused's counsel.

Abdul Wahab said the remand order against the senior state executive councillor, as well as the director and manager of an illegal plant in Kampung Sungai Lembu, Bukit Mertajam contravened Section 117 (5) of the Criminal Procedure Code.

"They were denied natural justice," he said.

However, he said the court allowed the MACC to re-apply for a remand against the three individuals in the Magistrate's Court.

The application was filed by counsel Ramkarpal Singh and R.S.N Rayer acting on behalf of Phee, and by counsel Dev Kumaraendran, representing the father-and-son duo.

The prosecution was handled by MACC deputy public prosecutors Tengku Amir Zaki Tengku Abdul Rahman and Ahmad Ghazali Muhamad Nadzri.

Yesterday, the High Court of Alor Setar rejected the application on grounds that it should have been filed at the Penang High Court, as it was the right 'forum' to hear the application.

On Saturday, the MACC obtained a remand order against Phee and the other two individuals to assist with investigations into the case of a factory allegedly operating illegally in Kampung Sungai Lembu, Bukit Mertajam near here, for the past 10 years.

The MACC on Thursday raided an illegal carbon filter processing factory which was believed to be polluting the environment at Kampung Sungai Lembu, Bukit Mertajam, and the MACC also seized several documents from the Seberang Perai Municipal Council (MPSP) office in Bandar Perda to assist investigations.

Meanwhile, Phee who was also present at the proceedings, told reporters later he would continue to carry out his duties as State Welfare, Caring Society and Environment Committee chairman and serve the people of Penang.