A Singaporean has again gone to the Malaysian court, this time over the Inspector-General of Police’s (IGP) purported refusal to investigate the former’s 21-day unlawful detention in 2018.
Wong Chun Khuen last month filed a judicial review leave application against the IGP - the sole respondent who is not named in cause papers - over the police’s alleged failure to receive, investigate, and/or take appropriate action over his complaints.
Previously, before the Kuala Lumpur High Court, the 65-year-old retired engineer scored two legal victories over his illegal detention by Malaysian immigration - from March 14 to 26, 2018, and from March 27 to April 3, that same year.
When contacted by Malaysiakini, Wong’s counsel Arun Kasi confirmed his client’s latest legal action filed on Jan 5 this year.
According to a copy of the judicial review court papers, the applicant claimed that the Malaysian police failed to look into his reports over his unlawful detention despite numerous emails and communications through Interpol.
Wong, who alleged he was banned for life from entering Malaysia, claimed he resorted to lodging police reports with the Singaporean police, whereupon the Interpol National Bureau of Singapore would forward his complaints to Interpol Bukit Aman, Kuala Lumpur.
The applicant alleged that among the few replies he got was from a Malaysian police officer who on April 28 last year informed that the complaints were forwarded to the Legal and Prosecution Division of the Criminal Investigation Department (CID) of the Malaysian police.
Wong claimed that the Malaysian police later responded on May 27 last year stating his complaint was beyond their jurisdiction and asked him to direct it to the Malaysian Immigration Department or Home Ministry.
The applicant alleged that after this, the respondent did not respond to any of his numerous emails issued by his lawyers.
“The respondent had a duty and power to investigate my complaints, especially on a case of public interest such as mine, but in effect refused to do so without any proper basis.
“Hence, I verily believe there is procedural impropriety in the conduct of the respondent and I am verily advised by my solicitors and verily believe the refusal and/or failure of the respondent to investigate my complaints is, among others, a violation of Section 20(3) of the Police Act 1967.
“There is no proper basis for the respondent’s refusal and/or failure to investigate and take due action on my complaints,” Wong contended in his affidavit in support of the judicial review.
Mandamus order
Among the reliefs sought by the applicant is a mandamus order to compel the IGP to receive, investigate, and take appropriate action over his complaints, costs, and any other further relief deemed fit by the court.
The Attorney-General’s Chambers (AGC) is acting for the IGP.
The judicial review is set for case management before the Kuala Lumpur High Court today.
When contacted after the case management late this morning, the IGP’s legal representative, senior federal counsel Liew Horng Bin, said the court set April 3 for an online hearing of the Singaporean’s judicial review leave application.
In the event that the court grants leave, it would later set a separate date to hear submissions from the opposing parties on the merits of the judicial review.
It was reported that Wong was arrested by immigration officers along with a few other foreigners during a raid on his house in Johor Bahru at about 11.05pm on Feb 28, 2018.
After the arrest, he was detained at the Pekan Nenas Immigration Detention Centre. He was only produced before a magistrate on March 26 of the same year, where he pleaded guilty to an immigration offence under Section 55E of the Immigration Act for harbouring undocumented immigrants. He was fined RM30,000.
However, he was not released immediately after he paid the fine. Wong was detained for another eight days at the Kluang Prison, and then at the Pekan Nenas Immigration depot before he was released on April 4, 2018. - Mkini
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