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10 APRIL 2024

Monday, April 17, 2017

Salesman held under Poca brought to court barefooted, lawyer says



Prevention of Crime Act (Poca) detainee RS Vishnu Moorthy was produced at the High Court in Kuala Lumpur barefooted today, his lawyer P Uthayakumar claimed.
"When my client was brought into court, I turned around and the first thing I saw, was that he was barefooted.
"I immediately protested, as producing him in the High Court barefooted shows they have no respect for the court," Uthayakumar told Malaysiakini when contacted.
He said a deputy public prosecutor then stood up and asked the police to provide Vishnu Moorthy with slippers.
Malaysiakini was not present in court to witness the proceedings.
Vishnu Moorthy was in court for the hearing of his habeas corpus application to get him released from detention.
He was detained under Poca on March 29 for his involvement in VenusFX, a foreign exchange scheme that allegedly swindled RM80 million from more than 23,000 investors.
According to filings by his wife A Mageswarie, Vishnu Moorthy had worked at the company for slightly over a year and was "just a salesperson", with no decision-making role.
The habeas corpus application was dismissed after Judicial Commissioner Mohamad Sharif Abu Samah allowed a preliminary objection from DPP Mohamad Al Saufi that the applicant should not combine the habeas corpus application together with a revision of the magistrate's order, and that it should have been filed separately.
Hence, Mohamad Al Saufi told the court the application was not in order.
Justice Mohamad Sharif also found no merit in the habeas corpus application, but allowed Vishnu Moorthy to spend an hour with his wife and their lawyer under police observation.
According to the Uthayakumar, the meeting was an emotional one, with Mageswarie - who is six months pregnant - experessing concern that her baby might be born while Vishnu Moorty is still under detention.
Uthayakumar also complained that a police officer had tried to record Vishnu Moorthy's conversation with his wife, which was in breach of his client's right to confidentiality.

He also said his client had complained that he had been barefoot throughout his 21 days of detention under Poca. 
The lawyer said they would appeal the decision to dismiss the habeas corpus application in the Court of Appeal. He will also write to the Home Ministry to protest the detention.
Uthayakumar will also be present in court tomorrow, to object to a renewal of Vishnu Moorthy's detention under Poca, which expires today.- Mkini

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