GEORGE TOWN: The Penang High Court today granted application by a Penang executive councillor (exco) to be released from a five-day remand which started on Saturday following investigations on an illegal factory in the state.
Judicial Commissioner Datuk Abdul Wahab Mohamed said that the remand order issued against the exco and two other men from the factory contravened Section 117 of the Criminal Procedure Code (CPC) that deals with remand orders after deliberating arguments from both sides for about 45 minutes today.
After the judgement was delivered, the exco’s lawyer, Ramkarpal Singh immediately asked for the handcuffs on his client and two other suspects to be removed.
Earlier today, the exco, who is also a DAP assemblyman was seen arriving in court together with two other men in handcuffs at about 10.52am.
They were led to a packed court room where supporters and party comrades arrived as early as 8am to lend their support.
All three, dressed in orange Malaysian Anti-Corruption Commission (MACC) lockup uniform, were handcuffed throughout the hearing of the application by Ramkarpal.
Deputy Public Prosecutor Tengku Amir Zaki Tengku Abdul Rahman objected to the men being released, now that the remand order was cancelled by the High Court.
Abdul Wahab told him to go back to the lower courts for new remand applications.
The DAP exco is also represented by RSN Rayer while Dev Kumaraendran represented a factory manager and his son who were also remanded for five days in the case.
Immediately after the court adjourned, the DAP exco was led to Ramkarpal’s office across the street from the court building in Green Hall while Dev Kumaraendran led the two men to a waiting car and left.
It is believed that MACC will be rearresting the three men shortly to apply for a fresh remand order.
Yesterday the Alor Setar High Court where the DAP exco had attempted to apply for a remand release order struck out the application.
Dev reportedly said the legal team had gone to Kedah yesterday because the Penang High Court was not open on a Sunday.
The DAP exco was detained last Friday after the MACC and several agencies raided a 15-year-old illegal factory in Kampung Sungai Lembu, Bukit Mertajam, following complaints from residents about pollution.
The MACC is reportedly investigating the DAP exco for allegedly issuing two letters to the Seberang Prai Municipal Council (MPSP), ordering it to delay enforcement action against the factory.
On Saturday, the DAP exco with two others were remanded for five days by the Magistrate’s Court in Penang. – MO