BID TO CHALLENGE POCA DETENTION FAILS
Court rules Act applicable to noncitizens, 6 China nationals to remain under police custody
SIX China nationals involved in the infamous Macau Scam and online gambling syndicate will remain under police custody. This was after the High Court rejected their application for a writ of habeas corpus for an immediate release from detention under the Prevention of Crime Act (Poca) 1959.
The six applicants were Jiang Xiang, Wang Jun Cheng, Li Jiang, Luo Hongbin, Lei Meng and Yu Xiang Yu.
High Court Judicial Commissioner Datuk Azhar Abdul Hamid made the decision after allowing a preliminary objection by the respondents namely the investigating officer in the case, the Kuala Lumpur magistrate’s court, the Inspector-General of Police (IGP) and the government.
In his judgment, Azhar said the applicants’ bid to challenge their initial 59-day detention under Section 4(2)(a) of Poca has become academic since they were now being detained under Section 19A(1) of the Act.
“They are now detained under Section 19A(1) for six months in the Simpang Renggam, Johor and Bentong, Pahang detention centres.
“Thus, Section 4(2)(a), which they are challenging, has become academic.
“The respondents’ preliminary objection is allowed and the application for a writ of habeas corpus is, therefore, dismissed,” he said.
Azhar had also, in his judgment, found that Poca was applicable to non-citizens.
The judicial commissioner said he made the finding after going through the detailed and throrough submissions put forward by the parties on whether the Act (Poca) was applicable to non-citizens.
Azhar said his full grounds of judgment would be ready by next week.
The applicants’ lawyer Gobind Singh Deo said they would file an appeal against the decision.
In the application, which was filed separately, the six had sought for an order that their arrest and detention under the Poca had no basis, was not in compliance with the procedure and mala fide.
They had also, among others, sought an order that the application for their detention did not fall under the scope of the Act and that the Act was not applicable to them.
Thus, they are seeking for a writ of habeas corpus for an immediate release.
The six, had in their application, named Inspector Wayandiana Abdullah, the Kuala Lumpur magistrate’s court, the IGP and the government as respondents.
The six were arrested by police in October, last year, and remanded for 59 days from Nov 23, the same year.
It was reported that 130 people connected to the syndicate were detained during a special operation codenamed “Ops Dadu Centre” in October, last year.