PUTRAJAYA, Nov 23 — A businessman who is being detained under the Prevention of Crime Act 1959 (POCA) failed in his application for a review of the Federal Court’s decision which dismissed his bid for a writ of habeas corpus to secure his release.
A three-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat, in a unanimous decision, dismissed Goh Leong Yeong’s application for a review of the Federal Court’s majority decision that ruled against him.
The other two judges were Federal Court judge Puan Sri Zaleha Yusof and Datuk Harmindar Singh Dhaliwal.
One of Goh’s lawyers, Jacky Loi Yap Loong, when contacted by Bernama, confirmed that the Federal Court had dismissed the review application.
The court held that Goh had failed to fulfil the threshold requirement under Rule 137 of the Rules of the Federal Court 1995.
In his review application filed on August 2 this year, Goh sought to set aside the Federal Court’s majority ruling that his initial remand order for 21 days from October 31 last year under Section 4 (1) (a) of POCA was legal and wanted another Federal Court bench to rehear his appeal.
Goh, 33, is currently under a two-year detention in Simpang Renggam prison under POCA.
In July this year, a Federal Court three-man bench comprising Federal Court judges Datuk Vernon Ong Lam Kiat, Datuk Zabariah Mohd Yusof and Datuk Abdul Rahman Sebli, in a majority 2-1 decision, dismissed Goh’s appeal for issuance of a writ of habeas corpus to secure his release from detention.
In November last year, the High Court dismissed Goh’s habeas corpus application after accepting a preliminary objection raised by senior federal counsel Muhammad Sinti that Goh’s application had become academic as he was being remanded under a different order under POCA.
Goh was initially remanded for 21 days from October 31, last year under section 4 (1) (a) of POCA to assist investigations in connection with an alleged illegal online gambling syndicate. He was later detained for 38 days under section 4(2) (a) of POCA.
Goh filed the habeas corpus application naming investigating officer ASP Khairul Fairoz Rodzuan, a magistrate at the Kuala Lumpur Magistrate’s Court, the Inspector-General of Police and the government of Malaysia as respondents.
In today’s proceedings, conducted via online, a team of lawyers led by Datuk Seri Gopal Sri Ram appeared for Goh, while senior federal counsels Muhammad, Farah Ezlin Yusop and Nur Jihan Azman, as well as federal counsel Anasuha Atiqah Mat Saidi , appeared for the respondents. — Bernama