KUALA LUMPUR, May 19 — Two Malaysian Anti-Corruption Commission (MACC) officers who were arrested last month under the Security Offences (Special Measures) Act 2012 ( Sosma) on suspected links with organised crime group, Nicky Gang were released on police bail yesterday.
Counsel Zaid Malek who is representing both men aged 41 and 42 said they were released while waiting for police investigation into the case and both of them could be charged if the public prosecutor has sufficient evidence.
“On the habeas corpus application filed by the duo for their immediate release, we are still awaiting further instruction from the two clients,” he said when contacted today.
On May 10, High Court Judge, Datuk Ahmad Shahrir Mohd Salleh fixed May 24 for the hearing of habeas corpus application by both of them.
The two applicants filed a habeas corpus application through separate notice of motion in the High Court here on May 5, naming Johor police chief Datuk Ayob Khan Mydin Pitchay, a police officer, Inspector-General of Police, Home Minister and the Government of Malaysia as the first to fifth respondents.
In the application, the two men applied for an order that their arrest and detention on April 21 and 27, respectively, were irregular, outside the jurisdiction of Johor police and illegal.
They also claimed that the investigation conducted under Sections 130V up to 130ZB of the Penal Code was excessive and covered different elements and the respondents had no basis to detain the applicants under Sosma.
In addition, they also claimed that there was no element of offence that allowed the use of Sosma and their detention was illegal and mala fide because it contradicted, among others, Article 5 and Article 149 of the Federal Constitution.
On April 9, a total of 14 individuals, including two brothers of fugitive businessman Nicky Liow Soon Hee, were charged at the Petaling Jaya Sessions Court on charges of being involved in the Nicky Gang.
Nicky, 33, is the founder of Winner Dynasty Group based in Setiawalk Puchong, Selangor was wanted by the police after 68 of its members were arrested in Op Pelican 3.0 from March 20 to 28. — Bernama