GEORGE TOWN, Aug 14 – The Penang High Court here today has set aside the five-day remand order issued by the George Town Magistrate’s Court against Penang state executive council member (exco) Phee Boon Poh in connection with an alleged graft case on Saturday (August 12).
In the same time, the application to set aside the remand was filed by Ramkarpal Singh and RSN Rayer, acting for Phee, and Dev Kumaraendran, who represented a 70-year-old factory manager and his 37-year-old son. The respondents were DPP Tengku Amir Tengku Abdul Rahman and DPP Ahmad Ghazali Muhammad Nadzri.
Judicial Commissioner Datuk Abdul Wahab Mohamed made the decision after hearing submissions by the Malaysian Anti-Corruption Commission (MACC). He said the three were denied natural justice in not being allowed to consult their lawyers during the remand proceedings.
He referred to and read out Section 117(5) of the Criminal Procedure Code (CPC) where it states that “The magistrate in deciding the period of detention of the accused shall allow representations to be made either by the accused himself or through a counsel of his choice.”
Phee could be seen crying during the embrace and he was also hugged by DAP veteran Lim Kit Siang, Penang DAP secretary Lim Hui Ying, his wife and his pregnant daughter. After the ruling, Phee, along with Chief Minister Lim Guan Eng, his lawyers and other DAP leaders were whisked away to the law office of the late Karpal Singh.
In a press conference outside the office, Ramkarpal said the MACC IO has told them Phee would not be rearrested. In the meanwhile, he also added that his client had no problems to extend his full cooperation in the future. Phee meanwhile thanked his supporters, members, leaders and his lawyers who have supported him “in my darkest hours”.
Phee, who is also the Penang Welfare, caring Society and Environment Committee chairman, was detained by MACC last Friday for investigation into a factory which was alleged to have been operating illegally in Sungai Lembu, Bukit Mertajam, since 10 years ago.
On Saturday, the George Town Magistrate’s Court issued a five-day remand order against Phee, as well as another man and his son, who are the director and manager of the factory, to facilitate a probe into an illegal carbon filter factory in Sungai Lembu, Bukit Mertajam.
Yesterday, Alor Star High Court dismisses Phee’s lawyers application for revision of remand order after hearing submissions by MACC. The remand order, which will end on Wednesday. The remand order was issued by senior deputy registrar Ameera Mastura Khamis on Saturday. — PN