They had earlier ruled the trio's detention as lawful as they found Section 4(1) of PoCA to be constitutional and hence ruled the trio's detention was in order if certain guidelines were met.Ĭhief Justice Tun Tengku Maimun Tuan Mat and Federal Court judge Justice Datuk Rhodzhariah Bujang, who were in the minority, ruled that Section 4(1) of PoCA was unconstitutional as it went against the basic structure doctrine and had ordered their release. Justice Ong gave the ruling along with Federal Court judges Justices Datuk Seri Hasnah Mohammad Hashim and Puan Sri Zaleha Yusof. We are allowing the habeas corpus following the non-compliance of the guidelines," Justice Ong said. "We find the guidelines were not followed. This follows the apex court today granting their habeas corpus application, where the bench discovered the magistrate in issuing the 21-day remand order did not comply with the guidelines to look into the merits of the police application into imposing the detention.įederal Court Justice Datuk Vernon Ong Lam Kiat, who was in the majority, said that after looking at the necessary clarification on the appeal record before them, the bench found that the magistrate failed to apply her mind in following the guidelines stipulated by the court. ![]() PUTRAJAYA (April 27): The Federal Court today ordered the release of a businessman implicated in the Macau scam and online gambling activities, Datuk Zaidi Kanapiah or better known as Datuk Addy Kanna, and two cops who were detained under the Prevention of Crime Act 1959 (PoCA).
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