Family of woman Poca detainee files motion seeking her release
SIBU: Family members of a woman, who was arrested under the Prevention of Crime Act (Poca) on Dec 23, are seeking for her immediate release from police custody.
Legal counsel Yap Hoi Liong, acting for Leong Ann Ni, who is the younger sister of detainee Leong Ann Ping, said he had filed a Notice of Motion and Certificate of Urgency to the High Court on Monday, for the court to expedite the hearing on the matter.
“We have also filed a Notice of Motion for an order or a writ of habeas corpus for the immediate release of Ann Ping,” he told a press conference here yesterday.
Ann Ping, who is a salesgirl, has been detained in Mukah Prison since her arrest on Dec 23 under Section 4(1)(a) of the Prevention of Crime Act 1959, and would remain there until Jan 13 next year.
According to Yap, she was first arrested on Nov 29 after a police report was lodged against her on Oct 10 in connection with a housebreaking case in Mukah.
After her first remand order expired, Ann Ping was re-arrested by police on Dec 2 on the same report and put on remand a second time, he said.
Yap said after the second remand order expired, the Deputy Public Prosecutor had decided that Ann Ping was to be released, with the case classified as ‘No Further Action’ (NFA).
“But on Dec 23, she was arrested again under Poca, and again based on the same ‘First Information
Report’ (police report).
“This is very disturbing and my client (Ann Ni) is wondering whether there is any element of abuse of power involved.
“My client just doesn’t know the grounds for Ann Ping’s detention and that is why we are going to challenge it,” he added.
Yap said Poca was used by police to deal with hardcore criminals or persons listed under eight categories of offenders, under Part 1 of the First Schedule of the Act, which Ann Ping is being detained on.
“Ann Ping is no hardcore criminal. She is just a salesgirl working in a bird nest’s company drawing a monthly salary of RM1,800. She works daily from Monday to Saturday, from 8am to 6.30pm, and she takes instructions from her employer who is fully responsible for the purchase of raw bird’s nest from vendors.
“She never gets herself involved in any decision-making for the purchase of raw bird’s nest for the company. She stays with her parents and she is such a vulnerable and innocent girl that she hardly talks loudly.
“How then can she be arrested under Poca, which is used to handle hardcore criminals?”
In view of this, Yap believed that Ann Ping’s fundamental right to liberty under Article 5 of the Federal Constitution had been seriously transgressed, and called on the Inspector-General of Police and government ministers to intervene in the matter.