PUTRAJAYA: A businessman who is currently detained in Simpang Renggam has filed an application to set aside a Federal Court majority ruling last week which stated that his remand order during investigation last year was legal.
Alvin Goh Leong Yeong, who is being held for alleged illegal gambling activities, also wants another bench to rehear his appeal should the 2-1 verdict on July 31 be quashed.
He filed the application under Rule 137 of the Federal Court Rules 1995 on Aug 2.
The applicant’s brother Goh Yeong Hui filed an affidavit in support of the review application due to the Covid-19 situation.
The Prevention of Crime Act (Poca) advisory board had ordered Alvin to be held under preventive detention in Simpang Renggam for two years.
His brother Yeong Hui said that in making its ruling, the apex court had refused to follow its own 3-2 majority ruling in the case of “Zaidi Kanapiah vs ASP Khairul Fairoz Rodzuan” on April 27 as judicial precedent.
The majority in the Zaidi Kanapiah case held that magistrates cannot act “mechanically” and were empowered to look into the merit of such applications by police under Section 4 of Poca.
“This conduct on the part of the majority of a smaller bench at the Federal Court renders it difficult, if not impossible for the legal profession to argue habeas corpus applications before the High Court and could also create an atmosphere of chaos and uncertainty,” Yeong Hui said.
Judges Abdul Rahman Sebli and Zabariah Mohd Yusof said Alvin’s appeal was academic as the initial 21-day remand order issued against him had expired and been substituted with a further 38-day order.
Further, they said, Section 4 of Poca was constitutional and the respondents, including a magistrate, had complied with the remand proceedings.
As such, they said, the issue of the provision being in breach of Article 121 of the Federal Constitution did not arise.
Dissenting judge Vernon Ong said the magistrate did not adhere to remand order guidelines when Alvin was produced in court.
On Nov 16 last year, judicial commissioner Azhar Abdul Hamid dismissed Alvin’s application on preliminary grounds.
Alvin, who was detained by the Malaysian Anti-Corruption Commission (MACC), filed the habeas corpus application on Nov 3 for an immediate release from his 21-day detention under Poca.
He said his arrest and detention on Oct 27 under Section 4(1)(c) of the Common Gaming Houses Act 1953 and under Section 4(1)(a) of Poca on Oct 31 was unlawful, did not comply with the procedure and mala fide (in bad faith).
He also sought a ruling that the remand order dated Oct 31 by the Kuala Lumpur magistrates’ court, which allowed his detention for 21 days from Oct 31 under Poca, was unlawful.
MACC had detained more than 20 people, including eight police officers and personnel, along with Alvin.
They were detained for suspected money laundering as well as involvement in forex and Macau scams run by a syndicate from China.
On Oct 11, all the suspects were released on MACC bail but Alvin fled the MACC headquarters in Putrajaya as the police were waiting to re-arrest him.
He was tracked down and arrested on Oct 27 following a manhunt. - FMT
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