Ramkarpal defends Guan Eng's remarks against MACC

The MACC made an ill-advised move when it issued an ultimatum for an apologyfrom Penang Chief Minister Lim Guan Eng, said Bukit Gelugor DAP MP Ramkarpal Singh.

This was in relation to remarks Lim had made about the MACC’s detention of Penang exco member Phee Boon Poh.

Ramkarpal said Lim's allegedly offensive remarks were justified.

"In this regard, it must be noted that judicial commissioner Abdul Wahab Mohamed, in setting aside the five-day remand order issued against Phee and two others on Aug 12, effectively ruled that the detention of the said trio based on the said detention order was illegal since the said detention was based on an invalid order.

"Since the trio were detained based on an invalid order, the effect of the learned judicial commissioner’s decision was that they were indeed detained illegally by the MACC 24 hours after their arrest.

"In the circumstances, there can be no doubt that the CM was justified in describing the said detention as illegal," Ramkarpal said in a statement today.

The lawyer added that Lim did not say the arrest was illegal, only their detention.

The MACC yesterday said Lim's remarks about Phee's ''illegal detainment by the MACC" were malicious slander, and demanded the chief minister apologise within 48 hours, or have action taken against him.

Phee was arrested on Aug 10 for allegedly issuing letters to the Seberang Perai Municipal Council (MPSP) to halt action on an illegal carbon filtering factory in Bukit Mertajam.

MACC had intended to remand Phee for five days from Aug 12, but he was ordered to be released by the Penang High Court on Aug 14.

The MACC said it was appealing the decision, thus any comments on the detention could be deemed as sub judice and contempt of court.

Ramkarpal, however, said that neither Phee nor his lawyers have received a notice of appeal, and were thus unaware that an appeal had been filed.

"In the circumstances, the question of the chief minister making comments which may be sub judice and possibly being in contempt of court does not arise for the simple reason that the MACC has not even bothered to notify Phee or his lawyers that it has appealed against the said decision.

"Even assuming commenting on the said detention order is sub judice, how can the chief minister be said to be in contempt of court if he is not aware that an appeal is pending since we have not been served the said notice of appeal?" the Bukit Gelugor MP asked.

He urged the MACC to cease issuing "threats" to Lim, and instead explain how information about Phee's bank accounts had been leaked to the media.

He was referring to news reports quoting an MACC source that the anti-graft body had frozen RM2 million in bank accounts belonging to Phee.

Phee has denied the news reports. - FMT