KUALA LUMPUR: A businessman who was detained under the Prevention of Crime Act (Poca) 1959 over money laundering in connection with an online gambling syndicate will remain behind bars until Dec 20.
This follows the decision of High Court judicial commissioner Datuk Azhar Abdul Hamid who dismissed a habeas corpus (wrongful detention) application by Alvin Goh or Goh Leong Yeong against his 21-day remand order.
"Having gone through the written submissions and legal authorities applied by the applicant (Goh), I am in agreement with the respondents on the preliminary objection. Therefore, I dismiss the application," the judge said.
Earlier, senior federal counsel Muhammad Sinti who appeared for the respondents raised a preliminary objection (PO) saying that Goh's application has become academic as he is now being remanded for 38 days under a different order under Poca.
"The application was made on the 21-day remand order but he is now under a 38-day remand order (a subsequent to the first 21-day detention period) which took effect last Friday.
"There is no longer a live issue for the court to decide on since the matter has now been rendered academic," he said.
He said the 38-day remand order against Goh expires Dec 20.
Meanwhile, lawyer Datuk Seri Gopal Sri Ram who represented Goh argued that the Section under Poca his client was being detained under was unconstitutional, thus any order made under it was a nullity.
"It overreaches the PO because the Section is unconstitutional and void," he added.
Goh, 32, filed the habeas corpus application on Nov 3 for an immediate release from his 21-day detention under Poca.
The businessman was held to assist investigations into an illegal online gambling syndicate.
In his application, Goh had named investigating officer ASP Khairul Fairoz Rodzuan, a magistrate the Kuala Lumpur magistrate's court, the Inspector-General of Police and the government as the respondents.
Goh claimed that his arrest and detention on Oct 27 under Section 4(1) (c) of the Common Gaming Houses Act 1953 and under Section 4 (1) (a) of the Poca on Oct 31 was unlawful, did not comply with the procedure and was mala fide.
He is seeking an order that the remand order dated Oct 31 by the magistrate's court which issued the 21-day remand order against him from Oct 31 to Nov 21 under Poca was unlawful.
It was reported that Goh and another suspect known as Addy Kanna were identified as coordinators and agents tasked with preparing call centres to scam syndicates.
The call centres, equipped with computers and telecommunication equipment, operated from offices and luxury residences targeting Chinese citizens for online gambling and other scams.
Goh was reported to have escaped by climbing over the fence at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya on Oct 11 with the help from his two bodyguards, upon being released by the MACC.
