Heng Pov (Photo: AP)R. Surenthira Kumar
Sun2Surf (Malaysia)
KUALA LUMPUR (Nov 9, 2006): A slip-up by the Immigration Department forced the deputy public prosecutor (DPP) to seek additional time to explain to the court why there were two detention and removal orders issued against former Cambodian police chief Heng Peo.
Because of the hitch, the High Court here today adjourned the case to tomorrow to allow the DPP to obtain clarification from the Immigration Department on the issuance of the two orders.
Heng Peo, 51, who faces murder and other crime charges in his country, is seeking an order to prevent the immigration from extraditing him to his homeland.
Judge Datuk Abdul Kadir Musa allowed DPP Hanafiah Zakaria time to provide an explanation to the court tomorrow.
When the case started today, the court was told of the existence of the two orders which varied.
One of the detention orders stated Heng Peo was to be detained at the immigration depot in Putrajaya, while the other order named the federal police headquarters in Bukit Aman as the venue where he was to be detained.
The removal order was different with one another in the aspect of the date on which the order was served. One stated Oct 12 (2006) while the other was dated Oct 13.
In the affidavit filed by the respondents, Oct 13 was stated as the day when the order was served on Heng Peo.
The orders are signed by an immigration officer on behalf of the department's director-general.
Heng Peo, also a former adviser to Cambodian Prime Minister Hun Sen, named the Inspector-General of police, director-general of the immigration, internal security minister and the Malaysian government as respondents.
He was detained in a hotel in the Klang Valley last month for overstaying after entering the country on Sept 1, on a diplomatic visa which expired on Sept 30.
Heng Peo fled Cambodia when the Phnom Penh court began proceedings against him over the slaying of a judge and other crimes.
He claimed there was a real risk he may be tortured and killed if deported to Cambodia and is negotiating with several countries regarding permanent asylum.
His lawyer, N. Sivananthan, said they were ready to proceed with their application when the variation was discovered.
Because of the hitch, the High Court here today adjourned the case to tomorrow to allow the DPP to obtain clarification from the Immigration Department on the issuance of the two orders.
Heng Peo, 51, who faces murder and other crime charges in his country, is seeking an order to prevent the immigration from extraditing him to his homeland.
Judge Datuk Abdul Kadir Musa allowed DPP Hanafiah Zakaria time to provide an explanation to the court tomorrow.
When the case started today, the court was told of the existence of the two orders which varied.
One of the detention orders stated Heng Peo was to be detained at the immigration depot in Putrajaya, while the other order named the federal police headquarters in Bukit Aman as the venue where he was to be detained.
The removal order was different with one another in the aspect of the date on which the order was served. One stated Oct 12 (2006) while the other was dated Oct 13.
In the affidavit filed by the respondents, Oct 13 was stated as the day when the order was served on Heng Peo.
The orders are signed by an immigration officer on behalf of the department's director-general.
Heng Peo, also a former adviser to Cambodian Prime Minister Hun Sen, named the Inspector-General of police, director-general of the immigration, internal security minister and the Malaysian government as respondents.
He was detained in a hotel in the Klang Valley last month for overstaying after entering the country on Sept 1, on a diplomatic visa which expired on Sept 30.
Heng Peo fled Cambodia when the Phnom Penh court began proceedings against him over the slaying of a judge and other crimes.
He claimed there was a real risk he may be tortured and killed if deported to Cambodia and is negotiating with several countries regarding permanent asylum.
His lawyer, N. Sivananthan, said they were ready to proceed with their application when the variation was discovered.
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