KUALA LUMPUR – A businessman who is in remand under the Prevention of Crime Act 1959 (Poca) in connection with an online gambling syndicate will remain in police custody until December 20.
This follows a decision by high court judicial commissioner Datuk Azhar Abdul Hamid, who dismissed an application by Goh Leong Yeong, 32, for a writ of habeas corpus for an immediate release.
“Having gone through the written submissions and authorities applied by the applicant and respondents, I am in agreement with the respondents on the preliminary objection.
“Therefore, I dismiss this application.”
Goh filed the application through a notice of motion at the high court on November 3, and named investigating officer Khairul Fairoz Rodzuan, a Kuala Lumpur magistrate, the inspector-general of police and the government as the first to fourth respondents.
Lawyers Datuk Seri Gopal Sri Ram, Gobind Singh Deo and Jacky Loi represented Goh, while senior federal counsel Muhammad Sinti acted for the respondents.
It was reported that Goh escaped the Malaysian Anti-Corruption Commission headquarters in Putrajaya last month by climbing over the fence. He had been released by the agency, which was investigating the gambling syndicate.
Sri Ram argued that the Poca section under which his client is being detained is unconstitutional, therefore, any orders made under it are “a nullity”.
Muhammad later told the press that Goh is under a 38-day Poca detention, with the order expiring on December 20.
In his application, Goh said his arrest and detention on October 27 under Section 4(1)(c) of the Common Gaming Houses Act 1953, and under Section 4(1)(a) of Poca on October 31, are unlawful.
On November 2, the high court dismissed an application by one Zaidi Kanapiah, Corporal Muhamad Amin Nur Rashid Mohamed Puad and Corporal Mohd Hairy Mohammad – also detained under Poca in the same case – for a writ of habeas corpus for an immediate release. – Bernama, November 16, 2020
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