Sunday, November 8, 2009

Arrest and Detention Without Trial in Kuching!

The authorities played dirty. I have a case where a person is detained in the police lockup without being disclosed the reasons of his arrest. Later on as counsel acting for him, I received a letter telling me that he was to be restricted to Spg. Renggam and before the Court heard the habeas corupus proceedings, the poor fellow was then sent to Spg. Renggam. The matter became academic and guided by a judgment of a Federal Court, no argument could be allowed to get him released as he was no more in the custody of the police, but, by another government authority as ordered by the Home Minister.
Dirty game! So scare although such a detention provides no trial.He was said arrested under the Dangerous Drugs(Special Preventive Measures) Act and from what I can study about this law is that, the police could easily abuse this Act and demand money from the detainee. When money not forthcoming, only then will they send the investigation files to the Home Ministry for getting the restriction order. When the Minister's Order of Detention comes, the detainees will then immediately be sent to Spg. Renggam. So, you could no more argue in court the irregularities of the detention by the police.
Of course, after the order from the Minister was forced on the detainee who knew nothing about what was that all about, it would be very difficult for counsel to fight his case.

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