Court upset by speedy deportation
Rita Jong and Alang Bendahara
New Straits Times (Malaysia)
PUTRAJAYA: Former Cambodian police chief Heng Peo is now in Phnom Penh, Cambodia.
He was sent back yesterday, an hour after the Court of Appeal dismissed the High Court’s decision on Dec 16 to send him to Singapore, his last point of embarkation.
The Court of Appeal also refused counsel N. Sivanathan’s oral application for a stay of execution.
Sivanathan immediately appealed to the Federal Court, which was prepared to hear it right away, but before it could do so, Heng Peo was escorted into a van and rushed to the Kuala Lumpur International Airport.
Heng Peo was deported in a private plane at 12.30pm. The Federal Court convened at 1.20pm.
His deportation not only shocked the public, Sivanathan and co-counsel Abdul Shukor Ahmad but also took the panel of three judges, who sat to hear his appeal, by surprise.
The panel, led by Chief Judge of Sabah and Sarawak Datuk Richard Malanjum, even asked the prosecution at least twice to confirm this.
"Are you sure he is no longer in Malaysia?" he asked deputy public prosecutor, Mohamad Hanafiah Zakaria.
Mohamad Hanafiah said yes, but he denied that he knew that counsel was going to appeal and that the Immigration Department was going to deport Heng Peo to Cambodia so soon.
Irked by the reply, Malanjum said: "Why did they do that? We are now here to hear his appeal. There is still a court higher than the Court of Appeal.
"Didn’t the counsel ask for a stay of execution? That is common sense (that they will be appealing), isn’t it?" he asked.
He told Mohamad Hanafiah that the minute Sivanathan filed the appeal, the panel of judges was constituted — in less than five minutes.
"Why didn’t you advise the Immigration Department to hold him first?" he asked.
Mohamad Hanafiah did not reply.
Sivanathan then stood up and expressed his disappointment with the Attorney-General’s Chambers and the Immigration Department.
"When the decision was delivered at 11.30am, I asked the director-general of Immigration and he confirmed that a decision was not made as to whether to deport him to Singapore or to his home country. But now this has happened," he said.
"I made an oral application for a stay but was refused by the court, after Hanafiah objected.
"We have also told the prosecution that Heng Peo, whose Cambodian passport was cancelled, had a travel document to Finland.
"But, still, the A-G’s Chambers had allowed this to happen."
Mohamad Hanafiah, who was assisted by DPP Ishak Mohd Yusof, replied that the A-G’s Chambers had nothing to do with the fact that Heng Peo was sent back.
"If I knew earlier, I would have alerted the Immigration Department.
"I was only informed through an SMS at 1.15pm," he said.
Malanjum then rapped Mohamad Hanafiah.
"Hanafiah, if it is urgent, you should wait until the court decides.
"When the High Court made the order, you appealed. Of course, they would do the same now, won’t they?" he asked.
"Now, nothing much can be done. So, the court will not make any order," Malanjum, who sat with Datuk Hashim Yusoff and Datuk Azmel Maamor, added.
Earlier, the Court of Appeal unanimously allowed the prosecution’s appeal and set aside the High Court’s decision to deport him to the last port of embarkation, which was Singapore.
Court of Appeal judges Datuk Zukefli Ahmad Makinudin, Datuk Raus Sharif and Datuk Zainun Ali ruled that the application made by Heng Peo was wrong and in violation of the law.
Meanwhile, Heng Peo’s wife, Ngin Sotheaby, is appealing to an international human rights body to help her husband.
She said she was not given a chance to talk to her husband after yesterday’s decision.
She said the Immigration Department officers rushed Heng Peo into the van and handed him to the Cambodian government.
Ngin Sotheaby said this at the Dang Wangi police headquarters where she lodged a report against the Immigration Department and the A-G’s Chambers at 5pm.
"I haven’t spoken to him for three months. How can they do such things?"
On Dec 15, High Court judge Datuk Abdul Kadir Musa allowed Heng Peo’s application to be sent to Singapore on the condition that he was able to bear all the expenses incurred during his stay in Malaysia.
Since Heng Peo’s arrest on Oct 3 for overstaying, Ngin Sotheaby had, on his behalf, sought asylum in many countries.
Heng Peo fled Cambodia after a Phnom Penh court started proceedings against him and several others for the murder of a judge and other crimes.
Following his arrest, Ngin Sotheaby applied for a writ of habeas corpus on Oct 5 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.
Following the High Court’s order, Sivanathan and Abdul Shukor withdrew their client’s habeas corpus application.
He was sent back yesterday, an hour after the Court of Appeal dismissed the High Court’s decision on Dec 16 to send him to Singapore, his last point of embarkation.
The Court of Appeal also refused counsel N. Sivanathan’s oral application for a stay of execution.
Sivanathan immediately appealed to the Federal Court, which was prepared to hear it right away, but before it could do so, Heng Peo was escorted into a van and rushed to the Kuala Lumpur International Airport.
Heng Peo was deported in a private plane at 12.30pm. The Federal Court convened at 1.20pm.
His deportation not only shocked the public, Sivanathan and co-counsel Abdul Shukor Ahmad but also took the panel of three judges, who sat to hear his appeal, by surprise.
The panel, led by Chief Judge of Sabah and Sarawak Datuk Richard Malanjum, even asked the prosecution at least twice to confirm this.
"Are you sure he is no longer in Malaysia?" he asked deputy public prosecutor, Mohamad Hanafiah Zakaria.
Mohamad Hanafiah said yes, but he denied that he knew that counsel was going to appeal and that the Immigration Department was going to deport Heng Peo to Cambodia so soon.
Irked by the reply, Malanjum said: "Why did they do that? We are now here to hear his appeal. There is still a court higher than the Court of Appeal.
"Didn’t the counsel ask for a stay of execution? That is common sense (that they will be appealing), isn’t it?" he asked.
He told Mohamad Hanafiah that the minute Sivanathan filed the appeal, the panel of judges was constituted — in less than five minutes.
"Why didn’t you advise the Immigration Department to hold him first?" he asked.
Mohamad Hanafiah did not reply.
Sivanathan then stood up and expressed his disappointment with the Attorney-General’s Chambers and the Immigration Department.
"When the decision was delivered at 11.30am, I asked the director-general of Immigration and he confirmed that a decision was not made as to whether to deport him to Singapore or to his home country. But now this has happened," he said.
"I made an oral application for a stay but was refused by the court, after Hanafiah objected.
"We have also told the prosecution that Heng Peo, whose Cambodian passport was cancelled, had a travel document to Finland.
"But, still, the A-G’s Chambers had allowed this to happen."
Mohamad Hanafiah, who was assisted by DPP Ishak Mohd Yusof, replied that the A-G’s Chambers had nothing to do with the fact that Heng Peo was sent back.
"If I knew earlier, I would have alerted the Immigration Department.
"I was only informed through an SMS at 1.15pm," he said.
Malanjum then rapped Mohamad Hanafiah.
"Hanafiah, if it is urgent, you should wait until the court decides.
"When the High Court made the order, you appealed. Of course, they would do the same now, won’t they?" he asked.
"Now, nothing much can be done. So, the court will not make any order," Malanjum, who sat with Datuk Hashim Yusoff and Datuk Azmel Maamor, added.
Earlier, the Court of Appeal unanimously allowed the prosecution’s appeal and set aside the High Court’s decision to deport him to the last port of embarkation, which was Singapore.
Court of Appeal judges Datuk Zukefli Ahmad Makinudin, Datuk Raus Sharif and Datuk Zainun Ali ruled that the application made by Heng Peo was wrong and in violation of the law.
Meanwhile, Heng Peo’s wife, Ngin Sotheaby, is appealing to an international human rights body to help her husband.
She said she was not given a chance to talk to her husband after yesterday’s decision.
She said the Immigration Department officers rushed Heng Peo into the van and handed him to the Cambodian government.
Ngin Sotheaby said this at the Dang Wangi police headquarters where she lodged a report against the Immigration Department and the A-G’s Chambers at 5pm.
"I haven’t spoken to him for three months. How can they do such things?"
On Dec 15, High Court judge Datuk Abdul Kadir Musa allowed Heng Peo’s application to be sent to Singapore on the condition that he was able to bear all the expenses incurred during his stay in Malaysia.
Since Heng Peo’s arrest on Oct 3 for overstaying, Ngin Sotheaby had, on his behalf, sought asylum in many countries.
Heng Peo fled Cambodia after a Phnom Penh court started proceedings against him and several others for the murder of a judge and other crimes.
Following his arrest, Ngin Sotheaby applied for a writ of habeas corpus on Oct 5 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.
Following the High Court’s order, Sivanathan and Abdul Shukor withdrew their client’s habeas corpus application.
30 comments:
They acted like thieves in desperation.
SiS
thank you malaysia for sending a political assylum to death.
Also thank malaysia for helping a corrupt regime to cover up its crimes.
Now the world knows that malaysia justice system to corrupt. I have no doubt that people that help send Heang Pove back to PP got big money and favor from Hun Sen to help silence Heang Pov.
malaysia justice system is CORRUPT.
NOW WE KNOW. MALAYSIANS SHOULD BE OUTRAGED.
Malaysia SUCKS!
it's run by a bunch of idiots, a bunch of extremist terrorists.
what do you expect?
people who says Malaysia Court is corrupt is just a bunch of 5 to 6 people active ki-media. srolanh khmer always publishes fake news, you see?
Malaysia has no Human rights but has only God Rights, Allah.
OH!!! ALMIGHTY GOD THE LORD JESUS CHRIST, PLEASE GIVE CAMBODIA AND GOOD KHMERS PEOPLE JUSTICE AND FREE FROM THE BONDAGE OF YUONS, VIETMINH, CPP HUN SEN, HOR NAM HOANG, SOK AN, HOK LUNDY etc.....SOON.
HENG POV WAS ONCE BAD, BUT HE CONFESSED, NOW HIS SINS SHOULD BE FORGIVEN LORD.
HE WILL BE THE KEY STAR WITNESS TO RESCUE CAMBODIA FROM DAILY MISERIES, HWY THOU FORSAKEN HIM TO THE DEVIL'S OF THE ROYAL CAMBODIAN CROOKS GOVERNMENT IN CAMBODIA.
WHY CAN'T WE ALL KHMER ANGKORS AND KHMER PHNOM PENH FORM A KHMER REPUBLIC GOVERNMENT IN EXILE LIKE KHMER KAMPUCHEA KROM TO HELP, TO SOLVE, TO RSCUE CAMBODIA FROM YUONS ANNEXATION?
BROTHER AND SISTER KHMERS LET'S BE UNITED AND STANDING UP TOGETHER AND MAKE PEOPLE POWER IN CAMBODIA TO CHANGE THE GOVERNMENT OF HUN SEN. THE NEW GOVENMENT MUST MAKE SURE THAT NOT FOLLOWING HUN SEN FOOT STEP BY SELLING CAMBODIA TO YUON'S COUNTRY.
A lower court giving the higher court the middle finger (F**k you). Their higher court is worthless.
PLEASE BOYCOTT THE MALAYSIAN AIRLINE. ALL KHMERS PLEASE CANCEL YOUR FLIGH VIA KULLA LUMPUR TO TELL THE MALAI GOVERNMENT YOUR DISAPOINTMENT.
Mlaysian court is so stupid and corrupt.
This speedy extradition by the Malaysian court officials was amounted to no more than the mafia-style kidnapping. Some powerful people in Cambodia must have paid for a private jet to pick up Heng Pov to Phnom Penh. Some Malaysian officials must have been doing dirty businesses with the corrupt CPP officials, and they may have been promised greater rewards for this kidnapping and speedy deportation.
In response to their shameful sin for licking butt holes of corrupt CPP officials, their God Allah has struck some part of Malaysia with heavy rain and flood causing death and destruction. Those guilty Malaysian officials may still think such an Act of God is not worth as much as a few million dollars in their pockets for taking part in this conspiracy scheme. Shame on you, Malaysia!
Humm Different people have different point of view. To me Heng Pov is at the same time a CRIMINAL and a witness. He is a criminal because he committed too many bad things. His results of today is just because he is too ambitious. He is a WITNESS because he was in the Mafia group of Cambodia thus he can reveal and point out who else are with him (mostly the rich and the men with power in the government now). I wont agree with some of you that Heng Pov is a victim. He is a CRIMINAL and He could be a WITNESS of the corrupt regime.
Heng Pov should be punished, many people have suffered because of him. Many people were killed injustisely.
Heng Pov is stupid. He should know that all ASEAN countries have interest with the corrupt government in Phnom Penh, so why he flew to Malaysia or Singapore?
If I was Heng Pov, I will flee to East Timore and from East Timore you can go to Findland easily.
Yes ! It is great idea! When you have problem with the bloodthirty
regime of Hun Sen, don't go to any country of ASEAN ! Just fly to East Timore and from there you will go to the free counties!
I don't care about Heng Pov because I know that Heng Pov is the crimial created by Hun Sen, so he will be destroyed by Hun Sen. What I care is that the evidence of crime he knew will disapear with him when he is destroyed by Hun Sen.
I'm not a fan of Heng Pov either. I know he was a criminal too. But who is to judge him and execute him? CPP? That's exactly what Malaysia did, a judge and an executioner of Heang Pov. Is that fair? Did Heang Pov allow to make his story heard?
What is more worrying is that he got basically a political assylym in Finland. Now who is in their right mind would send an assylum seeker to his torture and death? Is that ethical? To me that's unconscienable. That's like make a laughing stock out the UNHCR's principles. All assylum seekers should be worry of this precedent.
JUST HAPPY NEW YEAR TO ALL READERS OF KI-MEDIA!
GOD BLESS YOU ALL...!
SS GESTAPO
Hmmmmm, sound like you all are very interested in Heng Pov’s case..
Some said..Malay's court is corrupt..sock...or whatever...believes me....everywhere ....in the world is corrupt, even the powerful democratic nation, U.S...but they just do very well and they do it in secret and not openly like Khmer...because Khmer is too much corrupt, so they can not hide.
Well,..Heng Pov is criminal...but he did for other people..(maybe for Hun Sen..)..But I want him to confess and tell everyone in the world about how bad Khmer Gov had done and been doing.
Heng Pov is just a puppet that Khmer gov..used him..to do..How many people like Heng Pov?
How many bad things are behind the scene..no one knows….only out bang Thom..
Merry Christmas..and happy New year…..relax and do ur best to help our country and people, so you will go to heaven..
Thanks
SO SO SO disappointed by the Malaysian authority. They just sold their name and their reputation to a group of gangsters in Phnom Penh.
Where is so Call Justice on this EARTH? Man should know that man eat man. every where on earth is no justice. maybe some people see justice but I never see in my sixty year not even u.s system. there is no god, people create god and they whoshipe it.
don't give up hope yet my friends.
there are still lots of good people left.
What's wrong with the the Malaysia Muslim alla? Aren't they supposed to teach Malaysian court ethic and morality? Or are they see money and cronies more important than anything else? Especial for the case of Cambodia whose people has suffered so much already. Why do they let the mafia Cambodian gov't prevailing? Are they part of the circle?
Malaysian court really has something dark behind the deportation of former police chief, Heng Pov, to Cambodia.Most people want to know who else invole in the huge crime that releaved by Heng Pov.I believe Heng Pov will happen the same former Khmer Rouge, Ta Mock.
This group of Malaysian law makers are just a bunch of uncivilized humans created by Bin laden. They know nothing about world human rights and dignity. All they know is collaboration and collusion with their neighbor dictator Hun Sen who will provide some lucrative business concession in the future.
If we had the new government after the 2008 national election, we would know who else behind Heng Pov and the huge crimes in Cambodia.The current Cambodian government is not belong to khmer people. Please remember this, dear khmer.
The Malaysian officials who were behind the scheme of secretely sending Heng Peu back to Phnom Penh are not real Muslim. They betray Allah. The Koran does not allow anybody to conspire to put a person in danger of life. In this situation of Heng Peu, these Malaysians who conspired with Hun Sen to send Heng Peu back to Cambodia contravene Allah's Koran and they will be punished by Allah to death by lightening.
Cambodia is still the best hidding place to attack Thailand from the East and the North. Who knows what goes on in that ugly mind of Malayshit?
Look out Thailand! Don't you know that our government is the most corrupted Government in the world?
AND LOOK OUT MR.US'S EMBASSADOR! THIS MAY STRENGHTEN THE RELATIONSHIP WITH THE VIETCONG, THE LOAS AND CAMBODIA THRU OUR UNWANTED GOVERNMENT AND TO PLEASE THE JAPANESE( SINCE THEY ARE SEEM SO SMITTEN RIGHT NOW ), BUT YOU'D KNOW SINCE WHEN THIS GOEVRNMENT IS 100% HONEST TO YOU?
I love the concept where Malaysian, Burma, Lao?, especially Cambodia can get along well and push the fucken Thai into the sea!!
Cambodian leaders need to promote the concept of the encirclement of Thailand!!!
It will happpen one day!!!!
I'm still laughing at this person said "I don't care about Heng Pov because I know that Heng Pov is the crimial created by Hun Sen, so he will be destroyed by Hun Sen. What I care is that the evidence of crime he knew will disapear with him when he is destroyed by Hun Sen."
:))))) Ok, so about Hun Sen? He kills too many Khmers and who will destroy Hun Sen? He slept with Bunrani's sister then he killed th eman that Bunrani's sister loved.
He killed and kills and will kill, where is the phucn' Allah? :)) Is Hun Sen a criminal? Allah is in Malaysia and Allah loves ths phucn' Hun Sen, yep Allah loves money too. hahaha...Heng Pov is on duty to carry a suicide bomb.
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