A Macau scam suspect succeeded in her legal challenge against the validity of a two-year restricted residence order against her issued under the Prevention of Crime Act 1959 (Poca).
The Kuala Lumpur High Court yesterday allowed the judicial review application by Ho Pei Wan against the order that confined her movement to the Kahang subdistrict in Kluang, Johor.
The 23-year-old woman’s counsel Marcus Lee Min Lun today confirmed that judge Noorin Badaruddin allowed the legal action against the supervision order issued by the Prevention of Crime Board on Jan 27 last year. The court yesterday did not provide grounds for allowing the judicial review.
Lee said prior to the supervision order, Ho was initially arrested on Dec 2, 2020, over suspicion of involvement in a Macau scam and was remanded twice under Poca until Jan 30 last year.
The lawyer explained that the supervision order includes restrictions such as the use of an electronic monitoring device to monitor movement and being barred from using the internet.
'No element of organised violence'
He said that Ho’s legal team had submitted before the court that Poca, which was enacted under Article 149(1)(a) of the Federal Constitution, only applies to those suspected of causing public fear of organised violence against persons or property.
“We argued for the applicant (Ho) that the element of organised violence could not be established from the material and facts before the court, due to the case only involving the suspected involvement in online cheating via telephone calls (Macau scam).
“The honourable judge Noorin allowed the judicial review and quashed the police supervision order.
“Her ladyship, on further application by counsel, ruled that the court order is granted with immediate effect,” he added.
Ho was represented by both Lee and lawyer Jacky Loi Yap Loong. - Mkini
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