Senior officer, cop file habeas corpus applications over Sosma detention

 

The lawyers for senior officer Chin Khiam Kong and police sergeant Zabrina Zabidi filed their cause papers at the Kuala Lumpur High Court yesterday.

KUALA LUMPUR: Two policemen, including a senior officer, have filed habeas corpus applications seeking to be freed on grounds that their arrest and detention under the Security Offences (Special Measures) Act 2012 (Sosma) is unlawful.

Their lawyer, Jacky Loi, said police are investigating them for alleged links to an organised crime group although they were initially arrested on suspicion of being involved in extortion.

Senior officer Chin Khiam Kong and police sergeant Zabrina Zabidi filed their cause papers at the High Court registry here through their solicitors, Messrs TY Teh, yesterday.

Their applications are scheduled to be heard tomorrow.

The duo named investigating officer Rasha Aswadi Shafii, the inspector-general of police, and the government as respondents.

They said their detention was without basis, constituted an abuse of process, and was done in bad faith.

Both police officers, from Bukit Aman’s commercial crime division, are said to have been arrested to assist in an investigation under Section 384 of the Penal Code for the alleged extortion of a Chinese businessman.

Chin was arrested on May 3 and investigators obtained a remand order under Section 117 of the Criminal Procedure Code.

However, he was rearrested six days later under Sosma, which allows the police to detain a suspect for up to 28 days without a remand order from a magistrate.

In his affidavit in support of the application, Chin said he is now being investigated for allegedly being a member of an organised crime group, an offence prescribed under Section 130V of the Penal Code.

The provision falls under Part 6(B) of the penal law and is thereby classified as a security offence, enabling police to use Sosma to complete their probe.

Zabrina was arrested under similar circumstances.

Loi said the cause papers have been served on the investigating officer and the Attorney-General’s Chambers.

Two weeks ago, IGP Razarudin Husain said three senior police officers with Bukit Aman’s commercial crime investigation department had been arrested to assist in investigations into an extortion case involving RM1.25 million.

He said the officers involved held the rank of assistant commissioner, deputy superintendent, and inspector and were aged between 38 and 50. - FMT