Penang High Court sets aside remand order on Phee, two others (Updated)

GEORGE TOWN: The Penang High Court has set aside the five-day remand order against Penang Environment, Welfare and Caring Society Committee chairman Phee Boon Poh and two senior management persons of a carbon filter factory.
Judicial Commissioner Datuk Abdul Wahab Mohamed made his decision after hearing submissions.
The application to set aside the remand was filed by Ramkarpal Singh and RSN Rayer, acting for Phee, and Dev Kumaraendran, acting for the other two.
The respondents were DPP Tengku Amir Tengku Abdul Rahman and DPP Ahmad Ghazali Muhammad Nadzri.
Abdul Wahab 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."
"The word 'shall' is mandatory and there is no literature submitted by the respondents to the contrary," he ruled.
In his argument, Ramkarpal said he was not able to make representations during the remand hearing on Saturday.
He pointed out the right to be heard was a fundamental right as per Article 5(1) of the Federal Constitution.
"Our right to be heard cannot be denied, it is a fundamental right," he told the court.
RSN Rayer also reinforced the point, pointing out the Magistrate in determining the length of a remand needed to hear representations under the CPC.
In response Tengku Amir said the remand order was valid as the procedures were adhered too.
He said the identification of the investigating officer (IO), the arresting officers and the investigation diary was submitted as required by the CPC.
He was backed up by Ahmad Ghazali who reiterated the remand order was valid.
Earlier, family members and supporters reached out to Phee when he entered the courtroom via the front door.
He was then quickly whisked away and entered via the sidedoor when Chief Minister Lim Guan Eng, sitting behind the dock, embraced him.
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.
Also arriving at the same time was the 70-year-old manager and his 35-year-old son, who is a director, of the factory who both were also hugged by their family members.
The three were detained after several federal enforcement agencies led by the Malaysian Anti Corruption Commission (MACC) raided an allegedly illegal carbon filter factory near Kampung Sungai Lembu in Bukit Mertajan, Penang, on Aug 10.
On Saturday the same week, investigators obtained a five day remand order against them to facilitate investigations.
MACC investigators have also questioned Seberang Perai Municipal Council Licensing Department director Mohd Faidrol Radzi and Enforcement Department director Nazri Abdul Wahab.
Guan Eng and Penanti assemblyman Norlela Ariffin are also scheduled to be called in to have their statements recorded.
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.
He added 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".
"I will continue to serve the people, I will stand firm because I am innocent," he added and was taken away in a car with his wife and brother.