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On Saturday, the Malaysian Anti-Corruption Commission (MACC) successfully applied for a remand order from the Magistrate’s Court to allow Phee and two factory bosses to be investigated for corruption over an illegal carbon filter factory in Bukit Mertajam.
High Court judicial commissioner (JC) Abdul Wahab Mohamed found the remand order to have contravened Section 117 (5) of the Criminal Procedure Code.
“The word ‘shall’ in subsection 5 is mandatory, and the respondent has not submitted literature to the contrary. The applicants had been denied natural justice. I hereby set aside the Magistrate’s Court remand order,” Wahab said in his ruling.
The subsection says the magistrate 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’s lawyers, Ramkarpal Singh and RSN Rayer, had argued that they were not given a chance by the senior assistant registrar of the Magistrate’s Court on Saturday to air their submissions.
Ramkarpal argued that the Magistrate’s Court senior assistant registrar had been prejudiced by allowing the five-day remand without hearing the defence of the accused lawyers.
“It is a travesty of justice if anyone defends the application of the validity of the remand order in the first place,” Ramkarpal said.
Deputy public prosecutor Tengku Amir Zaki Tengku Abdul Rahman said the lack of representation by a suspect or his lawyers does not apply in a remand application and the magistrate or the registrar has full discretion in deciding how many days an accused may be remanded.
JC Wahab then reminded the DPP that Phee’s lawyers were claiming that they were not allowed to make submissions before the senior assistant registrar. Wahab then asked the DPP if this was true.
Tengku Amir then admitted that Phee’s lawyers did not have the opportunity to make their submissions before the registrar.
Rayer said since MACC’s prosecutors have admitted that he and Ramkarpal were not allowed to give the representation on their client’s behalf, the remand application should be deemed irregular.
After the decision was handed down, Ramkarpal ordered MACC officers to release Phee, who was still in handcuffs.
Family in tears
In the courtroom earlier, a tearful Phee was embraced by his 75-year-old elder sister as they met across the dock and the gallery.
Phee’s eight-month pregnant daughter, was also seen weeping as she and other family members went forward to hug him.
Phee’s wife brought his favourite drink, water infused with lemon and honey, in the trademark purple flask which he has been seen to carry all the time.
As MACC officers tried to prevent his family members from passing the flask to him, they shouted that it was “just water”.
Later, after the judgment was handed down, DAP parliamentary leader Lim Kit Siang and his son, party secretary-general Lim Guan Eng were seen hugging Phee.
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The two Lims then led Phee and a group of DAP supporters across the courthouse to Green Hall Road where Ramkarpal’s office, Karpal Singh & Co is located.
Party supporters shouted “Hidup DAP” and “Boon Poh” repeatedly as the group crossed Light Street.
Phee, 66, will be going for a medical check-up after his meeting with the two Lims at Ramkarpal’s office, his lawyers say.
At a press conference later, Ramkarpal said MACC’s investigation officers had told him that Phee was not likely to be rearrested.
Meanwhile, in a statement read out by Ramkarpal, Phee thanked MACC officers for acting professionally during the period he was detained under their custody.
Phee said he was treated “well” by MACC officers.
“Phee further wishes to put on record his appreciation of the professionalism of the said MACC officers and that he is prepared to assist in their investigations if and when notified to do so in the future.”
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