KUALA LUMPUR – Two Malaysian Anti-Corruption Commission (MACC) officers believed to be linked to the Geng Nicky organised crime syndicate and detained under the Security Offences (Special Measures) Act (Sosma) 2012, have filed a habeas corpus application to seek for their immediate release.
The duo, aged 41 and 42, each filed the application through a notice of motion at the high court here on May 5 through Messrs Daim & Gamany.
In the application, they each named Johor police chief Datuk Ayob Khan Mydin Pitchay, a police officer, the inspector-general of police, home minister and Malaysian government as the first to fifth respondents.
During case management proceedings before judge Datuk Ahmad Shahrir Mohd Salleh today, the court fixed May 24 to hear their applications.
Latheefa Koya represented the two officers, while senior federal counsel Muhammad Sinti acted on behalf of the respondents.
In their application, the two men submitted that their arrest and detention on April 21 and 27, respectively, are a breach of law, not in compliance with procedures, and not under the jurisdiction of Johor police.
They also claimed that the investigations conducted under Sections 130V to 130ZB of the Penal Code cover a wide range of elements, adding that the respondents have no basis to detain the applicants under Sosma.
In addition, they also claimed that there is no element of the crime to allow the use of Sosma, and their detention is invalid, unlawful and mala fide as it contradicts, among others, with Clauses 5 and 149 of the federal constitution.
On April 9, 14 individuals, including two siblings of fugitive businessman Nicky Liow, were charged at the Petaling Jaya sessions court with involvement in an organised crime group known as Geng Nicky.
Nicky, 33, the founder of Winner Dynasty Group based in SetiaWalk Puchong in Selangor, is wanted by police after 68 Geng Nicky members were arrested in Op Pelican 3.0 from March 20 to 28. – Bernama, May 10, 2021
