GOH LEONG YONG v. ASP KHAIRUL FAIROZ RODZUAN & ORS

[2021] 5 MLRA 554

GOH LEONG YONG v. ASP KHAIRUL FAIROZ RODZUAN & ORS
Federal Court, Putrajaya
Vernon Ong Lam Kiat, Abdul Rahman Sebli, Zabariah Mohd Yusof FCJJ
[Criminal Appeal No: 05(HC)-158-11-2020(W)]
30 July 2021

JUDGMENT

Zabariah Mohd Yusof FCJ (Majority):

Background

[1] The appeal herein is against the decision of the High Court which had dismissed the application by Goh Leong Yong (the appellant) for the writ of habeas corpus against the detention of the appellant under s 4(1)(a) of Preventive of Crime Act 1959 (POCA).

[2] The appellant was arrested by the Malaysian Anti-Corruption Commission (MACC) on 2 October 2020. He was held under remand from 3 October 2020 until 11 October 2020. He was released on MACC bail on 11 October 2020.

[3] On 27 October 2020, the appellant was arrested by the police in relation to Cheras Report: 027048-27049/19 for an alleged offence under s 4(1)(c) of the Common Gaming Houses Act 1953 (CGHA). He was under remand from 27 October 2020 until 29 October 2020.

[4] On 29 October 2020, the appellant was arrested under another report for the same alleged offence under s 4(1)(c) of the CGHA, by the investigating officer (IO), Inspector Faizal bin Anuar.

[5] On 30 October 2020. the appellant was arrested under s 3(1) of POCA by the 1st respondent. On 31 October 2020, the 2nd respondent ordered the appellant to be remanded for 21 days from 31 October 2020 until 20 November 2020 under s 4(1)(a) of POCA. The remand order dated 31 October 2020 under s 4(1)(a) of POCA was ordered by the 2nd respondent based on 2019 Cheras report.

At The High Court

[6] The appellant filed for writ of habeas corpus on 3 November 2020. At that point in time, the appellant was detained under s 4(1)(a). The return date as can be seen on the Notice of Motion in the High Court was on 9 November 2020.

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