December 20, 2006PUTRAJAYA, Dec 20 (Bernama) -- The Court of Appeal here stayed the High Court's order that former Cambodian police chief Heng Peo be deported to Singapore, his last point of disembarkation, until the hearing of the government's appeal which has been postponed to Thursday.
Justices Datuk Low Hop Beng, Datuk Mohamed Raus Sharif and Datuk Zainun Ali made the order after unanimously granting the application by counsel Mark Lau to postpone the hearing to tomorrow as the lawyers handling the matter are overseas.
Last Friday, Heng Peo succeeded in stopping the Malaysian government from deporting him to Cambodia when the Kuala Lumpur High Court ruled in his favour and allowed his application to be sent to Singapore on condition that bears all the expenses incurred during his stay in Malaysia.
Justice Datuk Abdul Kadir Musa also ruled that if Heng Peo failed to pay the expenses, the Immigration Director-General, Datuk Wahid Mohamed Don or his agents, would have the right to determine whether Heng Peo should be sent either to Singapore or his country of origin.
The government is appealing the decision.
The appeal came up for hearing today as the prosecution had filed a certificate of urgency for the case to be heard on an urgent basis but Lau informed the court that Heng Peo's counsel, N.Sivanathan and Abdul Shukor Ahmad, were overseas and were unable to be present in court today.
However, they would be able to attend court tomorrow, he said.
Deputy public prosecutor Mohamed Hanafiah Zakaria said the lawyers should be on standby since the prosecution had filed the notice of appeal and the certificate of urgency was served on them the same day.
Heng was arrested by the Immigration Department on Oct 3 for overstaying. He was convicted in absentia on Sept 18 for conspiring in the murder of a municipal court judge who was shot in Phnom Penh.
Following his arrest, his wife, Ngin Fotheavy, applied for a writ of habeas corpus to prevent the Immigration Department from deporting him to Cambodia on the grounds that she feared for her husband's safety because he would be tortured if sent home.
The Inspector-General of Police, Immigration Director-General and the government were named as respondents.
Justices Datuk Low Hop Beng, Datuk Mohamed Raus Sharif and Datuk Zainun Ali made the order after unanimously granting the application by counsel Mark Lau to postpone the hearing to tomorrow as the lawyers handling the matter are overseas.
Last Friday, Heng Peo succeeded in stopping the Malaysian government from deporting him to Cambodia when the Kuala Lumpur High Court ruled in his favour and allowed his application to be sent to Singapore on condition that bears all the expenses incurred during his stay in Malaysia.
Justice Datuk Abdul Kadir Musa also ruled that if Heng Peo failed to pay the expenses, the Immigration Director-General, Datuk Wahid Mohamed Don or his agents, would have the right to determine whether Heng Peo should be sent either to Singapore or his country of origin.
The government is appealing the decision.
The appeal came up for hearing today as the prosecution had filed a certificate of urgency for the case to be heard on an urgent basis but Lau informed the court that Heng Peo's counsel, N.Sivanathan and Abdul Shukor Ahmad, were overseas and were unable to be present in court today.
However, they would be able to attend court tomorrow, he said.
Deputy public prosecutor Mohamed Hanafiah Zakaria said the lawyers should be on standby since the prosecution had filed the notice of appeal and the certificate of urgency was served on them the same day.
Heng was arrested by the Immigration Department on Oct 3 for overstaying. He was convicted in absentia on Sept 18 for conspiring in the murder of a municipal court judge who was shot in Phnom Penh.
Following his arrest, his wife, Ngin Fotheavy, applied for a writ of habeas corpus to prevent the Immigration Department from deporting him to Cambodia on the grounds that she feared for her husband's safety because he would be tortured if sent home.
The Inspector-General of Police, Immigration Director-General and the government were named as respondents.
1 comment:
We must pray for Heng Pov to be able to ecape from Hun Sen for his freedom. Hun Sen wants him to be death so that Hun Sen criminal actvities can be covered up.
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