KUALA LUMPUR – A businessman and computer analyst wanted by the US Justice Department in connection with money laundering and cybercrime cases in the country today succeeded in their suit challenging the provisions of the Extradition Act 1992.
This comes after high court judge Datuk Wan Ahmad Farid Wan Salleh allowed the initial suit to be filed by Wong Ong Hua and Ling Yang Ching as plaintiffs against the public prosecutor, home affairs minister, Home Affairs Ministry, the government of Malaysia, and the government of the United States as defendants.
Judge Wan Ahmad Farid said in his judgment that Sections 4 and 20 of the Extradition Act 1992 were unconstitutional, null, void, and of no effect as they are in contravention of Article 121(1) of the federal constitution.
“The sections contravene Article 4(1), which touches on the supreme law of the federation, Article 5(1) and 5(2) (personal liberty) and Article 8(1) and 8(2) (equality) of the federal constitution.
“The sections are also found to be in conflict with Article 9(1) and 9(2) (right to freedom of movement) and Article 121(1), which touches on judicial power,” he said while delivering the decision online.
The proceedings were attended by senior federal attorney Shamsul Bolhassan representing the public prosecutor, the home affairs minister, and the government of Malaysia while counsels Datuk Malik Imtiaz Sarwar, Tey Jun Ren, and Khoo Suk Chyi represented both plaintiffs.
Meanwhile, Tey said when contacted that the mention of the case for the extradition application against the two men in the sessions court here is set for February 10.
The two plaintiffs had filed the suit on September 14, 2021, and on September 15 sought to stay their extradition proceeding in the sessions court here, pending disposal of the suit. – Bernama, January 26, 2023
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