Online gambling: 'Datuk', two policemen's habeas corpus applications for release dismissed

This was after High Court Judicial Commissioner Datuk Aslam Zainuddin dismissed their applications for a writ of habeas corpus for an immediate release.

“The application by the trio for a writ of habeas corpus is dismissed,” he said.

The three are businessman 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 years.

The court made the ruling after hearing submissions from Senior Federal Counsel Muhammad Sinti for the four respondents, namely investigating officer ASP Khairul Fairoz Rodzuan, a Magistrate at Kuala Lumpur Magistrate’s Court, Inspector-General of Police and the Government of Malaysia.

The applicants were represented by lawyers Datuk Seri Gopal Sri Ram, Gobind Singh Deo and Jacky Loi.

The trio were not present in court, while Addy Kana’s wife, Alyaa Syuhaila was present during the proceedings.

Earlier, the applicants’ lawyers submitted that their arrest and detention on Oct 11, 2020 under Section 4 (1) (c) of the Common Gaming Houses Act 1953 was illegal, has no basis, not compliance in procedure and mala fide.

They also sought for an order that the remand order dated Oct 14, 2020 by a magistrate of the Kuala Lumpur Magistrate’s Court that allowed the police application for the applicant’s detention for a period of 21 days from Oct 14 until Nov 3 under Section 4(1)(a) of POCA was illegal, has no basis and mala fide.

On Oct 30, Magistrate M. Mageswary allowed the police application to extend the remand period against the three for another 38 days until Dec 6. They were previously remanded under POCA for 21 days from Oct 14.

Earlier Sri Ram submitted that the applicants’ detention was illegal as the police officer failed to show any justification in detaining them and that they were deprived of their constitutional right as they were not informed of the exact reason for their detention.

He said this was because they were material witnesses in relation to an investigation into corrupt practices among certain members of the police force said to be linked to online gambling.

“Arising from that, allegations of corruption against the very officers who are bent upon detaining the applicants were investigated by the MACC (Malaysian Anti-Corruption Commission). The applicants are material witnesses in that investigation,” he said.

Gobind Singh argued that the investigating officer in his affidavit stated the two policemen were detained because they were supplying food and drinks to suspects who promoted illegal online gambling.

He said this was a clear cut case and therefore their detentions were male fide.

Muhammad, on the other hand, argued that the investigating officer had complied with the remand procedure by submitting a written statement as to why the police applied for their remand under POCA.

Regarding the lawyer’s argument about feeding the suspects, Muhammad said the police were investigating how they had been intermediaries of the online gambling syndicate in the Klang Valley since a year ago.

"This clearly shows that the police have grounds to detain them under POCA. Give space and opportunity to the police to conduct further investigations in this case," he said.