Two Malaysian Anti-Corruption Commission (MACC) officers detained under the Security Offences (Special Measures) Act 2012 (Sosma) and believed to be linked to the Nicky Gang organised crime syndicate, have filed a habeas corpus application to seek for their immediate release.
The duo, aged 41 and 42, each filed the application through a notice of motion in the Kuala Lumpur High Court on May 5 through Messrs Daim & Gamany.
In the application, they each named Johor police chief Ayob Khan Mydin Pitchay, a police officer, the inspector-general of police, the home minister and the Malaysian government as the first to fifth respondents.
During the case management proceedings before high court judge Ahmad Shahrir Mohd Salleh today, the court fixed May 24 to hear their applications.
The two officers were represented by lawyer Latheefa Koya, while senior federal counsel Muhammad Sinti acted on behalf of the respondents.
In their application, the two men submitted that their arrest and detention on April 21 and 27, respectively, was not in compliance with procedures, a breach of the law and not under the jurisdiction of the Johor police.
They also claimed that the investigations conducted under Sections 130V up to 130ZB of the Penal Code covered a wide range of elements and the respondents had no basis to detain the applicants under Sosma.
In addition, they also claimed that there was no element of the crime to allow the use of Sosma and their detention was invalid, unlawful and mala fide because it contradicted, among others, Clause 5 and Clause 149 of the Federal Constitution.
On April 9, 14 individuals including two siblings of fugitive businessman Nicky Liow Soon were charged at the Petaling Jaya Sessions Court with involvement in an organised criminal group known as “Geng Nicky”.
Nicky, 33, the founder of Winner Dynasty Group based in Setiawalk, Puchong, Selangor is wanted by the police after 68 of the gang’s members were arrested in Op Pelican 3.0 from March 20 to 28.
- Bernama
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