SHAH ALAM – The high court here has postponed the habeas corpus hearing of detained Nigerian Simon Adavize Momoh to 3pm on Friday, pending the prosecution’s reply to the affidavit submitted by his counsel.
Judge Datuk Ab Karim Ab Rahman made the decision after hearing deputy public prosecutor Siti Ruvinna Mohd Rawi’s request for more time to respond to the affidavit, which was received by the prosecution at 4pm yesterday.
The affidavit submitted by Momoh’s lawyer, V. Vemal Arasan, said Momoh was forced by immigration officers to submit his thumbprint for several documents that he had no access to.
The affidavit also said Momoh was not given direct access to counsel during his detention from March 15 to April 16, and was not informed about the cancellation of passes for his visitors.
Vemal told the court that he only had access to his client at the immigration detention centre last Friday, and could submit the affidavit to the prosecution only at noon yesterday.
Despite Siti Ruvinna’s request for the hearing to be fixed for April 28, Karim ruled that the hearing will be on Friday, as the prosecution will have enough time to reply to the new allegations contained in the affidavit.
Vemal requested the judge for an interim order to delay Momoh’s deportation pending the Friday hearing. However, Karim did not grant the order, but instructed the Attorney-General’s Chambers not to take action until then.
Vemal was assisted by Datuk Gurdial Singh Nijar, who is National Human Rights Society president, and counsel Abraham Au.
Lawyers C.R. Selva held a brief for the Malaysian Bar and foreign spouses’ support group Family Frontiers, and Mahajoth Singh for the Malaysian Human Rights Commission.
Met outside the court premises, Vemal said he filed a judicial review over Momoh’s detention against Immigration Director-General Datuk Khairul Dzaimee Daud and Home Minister Datuk Seri Hamzah Zainudin to obtain a certiorari order, to quash the department’s decision to cancel Momoh’s long-term social visit pass, and to produce an order scrapping his deportation.
“We filed the judicial review yesterday, and case management was set for May 4.”
Additionally, Momoh's wife, Low Kar Hui, submitted a letter to Hamzah on Monday, requesting that he revoke her husband’s deportation order and reinstate his visa, as the minister has discretionary powers to do so.
Momoh was detained by police last month at a Cheras roadblock on suspicion of drink-driving. He pleaded guilty to the charge, and paid a RM12,000 fine and served a one-day jail sentence.
Instead of being released the next day, he was detained under Section 35 of the Immigration Act 1959, which allows individuals to be held for a period not exceeding 30 days.
The father of two has been detained at the immigration depot in Semenyih since.
Low received an email from the Immigration Department on April 14, asking her to arrange his flight back to Nigeria.
A deportation order served to her said Momoh is deemed a prohibited immigrant under the law, and his long-term social visit pass, or spouse visa, which was supposed to be valid until next year, has been cancelled. – The Vibes, April 21, 2021
