Phee’s remand order set aside
> Court rules trio were denied natural justice
GEORGE TOWN: The Penang High Court has set aside a fiveday remand order against State Environment, Welfare and Caring Society Committee chairman Phee Boon Poh (pix) and two senior management staff of a carbon filter factory.
Judicial Commissioner Datuk Abdul Wahab Mohamed made the decision after hearing submissions.
The application to set aside the remand was filed by Ramkarpal Singh and R.S.N. Rayer, acting for Phee, and Dev Kumaraendran, who represented the other two.
The respondents were deputy public prosecutors Tengku Amir Tengku Abdul Rahman and Ahmad Ghazali Muhammad Nadzri.
Abdul Wahab said the three were denied natural justice in not being allowed to consult their lawyers during the remand proceedings.
He referred to and read out Section 117(5) of the Criminal Procedure Code (CPC) that states “the magistrate, in deciding the period of detention of the accused, shall allow representations to be made either by the accused himself or through a counsel of his choice”.
“The word ‘shall’ is mandatory and there is no literature submitted by the respondents to the contrary,” he ruled. In his argument, Ramkarpal said he was not able to make representations during the remand hearing on Saturday.
He pointed out the right to be heard was a fundamental right as per Article 5(1) of the Federal Constitution.
Rayer also reinforced the point, saying the magistrate, in determining the length of a remand, needed to hear representations under the CPC.
In response, Tengku Amir said the remand order was valid as the procedures were adhered to.
He said the identification of the investigating officer, the arresting officers and the investigation diary were submitted as required by the CPC.
The Malaysian AntiCorruption Commission said it will appeal the court’s decision.
Earlier, family members and supporters reached out to Phee when he entered the courtroom via the front door.