KUALA LUMPUR: The High Court here struck off a salesman’s bid for freedom through a habeas corpus application from his 21 days detention under the Prevention of Crime Act (Poca) over an investment scam probe.
In allowing the preliminary objection raised by senior federal counsel Mohammed Al-Saifi Hashim, representing the police and government, Judicial Commissioner Shariff Abu Samah ruled that Vishnu Moorthy Raja Singam filed the wrong mode to challenge his Poca detention.
“The remand order granted by the Magistrate’s Court on March 29 was done according to the law,” he said.
However, the court made an order to allow Vishnu to meet with his wife, A Magaswarie and lawyer, P Uthayakumar for an hour in court today, without police presence.
Earlier in submissions, Uthayakumar complained to the court that he and Magaswarie had written to the police, seeking to meet Vishnu but police had refused their requests.
“We had written to the police five times but they did not respond. After exhausting all attempts to get some response from the police, we have come to court to get justice,” Uthayakumar said.
Al-Saifi objected to the habeas corpus application, saying Vishnu should have challenged the detention order through a review of the Magistrate’s order.
Last Friday, Vishnu filed a habeas corpus to secure his release from Poca detention.
He also sought a declaration that his detention under Poca for the purpose of a commercial crime investigation was unconstitutional.
Vishnu sought a court declaration that Bukit Aman commercial crime investigation department (CCID) chief Acryl Sani Abdullah Sani’s denying him the right for legal representation as being against the Federal Constitution.
The habeas corpus application named Acryl, the inspector-general of police, home minister and public prosecutor as respondents.
Previously, Vishnu sought a review of his 21-day detention order as granted by the Magistrate’s Court.
However, no hearing date was fixed by the High Court as yet.
In a statement on March 29, Acryl said that six people were nabbed over the Venus FX foreign exchange investment scheme that had allegedly caused 23,000 victims to be cheated of RM80 million.
Six people were arrested and held under Section 3(1) of Poca.
Former MIC leader, R Ramanan also lodged a police report against a VIP husband and wife team who were said to own the investment company.