KUALA LUMPUR, Nov 2 — Alleged gambling kingpin Paul Phua Wei Sing’s lawyer claimed that the US Federal Bureau of Investigation (FBI) did not read him or his son their rights after a raid in July during the World Cup period, jeopardising chances of prosecuting the duo, a Hong Kong daily reported today.

The South China Morning Post (SCMP) reported that the 50-year-old’s lawyers argued that the police failed to give the so-called Miranda warning to both father and son, thereby violating their constitutional rights.

The warning informs suspects that they have the right to remain silent when interrogated by law enforcement officers and to seek legal advice before answering questions, it added.

Based on the affidavit written by Phua, SCMP reported that he did not feel he had the choice to stop the questioning during the raid.

“The first agent I saw pointed a machine gun at me and shouted, ‘Put your f***ing hands up’.

“Everyone in the villa was handcuffed, herded into the dining room, and told to get on our knees and face the wall.”

“At no point did I feel that I was free to stop answering the agents’ questions and terminate the interview, nor did I ever feel that I was free to leave,” he wrote, according to the daily.

His “lawyers are now trying to suppress statements Phua and his son, 23-year-old Darren Phua Wai Kit, gave in which both said Paul Phua held a stake in IBC Bet, an online betting provider in the Philippines that industry insiders consider to be one of the largest in the world”, the daily wrote.

His lawyers told SCMP via email that Phua “absolutely maintains he is innocent of the gambling charges in the United States”, and also called the triad allegations unfounded.

FBI officers, however, stated in their records that Paul Phua “was advised that agents were executing a search warrant, he was not under arrest, the interview was voluntary, he could refuse to answer questions, and he could stop the interview at any time.”

Gregory Gordon, an associate law professor at Chinese University and former US federal prosecutor, told SCMP that the “the agents were aggressive” in handling the case.

“Based on what is alleged by the defendants in the motion, there is a good chance the non-Mirandised statements are going to be suppressed. That said, it may come down to a witness-credibility determination at the hearing,” he said.

The daily reported that the Phuas are represented by a high-profile team of lawyers, which include David Chesnoff, who counts socialite Paris Hilton, boxing legend Mike Tyson and members of the Hells Angels gang among his former clients.

Paul Phua, a regular at casinos in Las Vegas and Macau, and his son Darren pleaded not guilty at a Las Vegas court on August 5.

The men were freed on bail totalling US$2.5 million (RM7.97 million) and their trial began on September 29 and is currently on-going.

Two other Malaysians, Richard Yong Seng Chen 56, and his son, Yong Wai Kin Yong, are set to face similar charges.

Paul Phua was arrested in Macau for running a gambling operation with millions in illegal takings.

According to media reports, he posted bail and flew on his private jet to Las Vegas to continue gambling.