Court Allows Ex-Cambodian Police Chief To Cite Trio For Contempt Of Court PUTRAJAYA, Feb 2 (Bernama) -- Two high-ranking immigration officers and a deputy public prosecutor may face the prospect of being jailed for contempt of court for allegedly misleading the court which resulted in a fugitive former Cambodian police chief being prematurely deported to his country from where he fled.
The Federal Court's three-man bench comprising Chief Judge of Sabah and Sarawak Datuk Richard Malanjum and Federal Court judges Datuk Hashim Yusoff and Datuk Azmel Ma'amor unanimously allowed Heng Peo's ex-parte application for leave to file contempt proceedings against the trio.
The judges said there was a prima facie case for leave to be granted to Heng Peo to file contempt proceedings and ordered his counsel N. Sivanathan to file the application to cite the officers for contempt of court within 21 days.
Following this decision, the trio has to answer to the court why they should not be cited for contempt of court.
Heng Peo, 52, sought leave to commit to prison Immigration director-general Datuk Wahid Mohd Don, Immigration director of Enforcement Datuk Ishak Mohamed and deputy head of Prosecution (Operations) Mohamad Hanafiah Zakaria for allegedly committing several acts of contempt of court, including allegedly orchestrating his premature deportation to Cambodia.
Heng Peo fled from Cambodia after a court convicted him in absentia on Sept 18 last year for conspiring in the murder of a municipal court judge, Sok Setha Mony.
On Dec 21 last year, Heng Peo, was deported back to Cambodia when his lawyers were in the process of making preparations to file an appeal to the Federal Court against the Court of Appeal's decision which set aside the deportation order for him to be sent to Singapore.
On that day, the Court of Appeal had allowed an appeal by the director-general of Immigration to set aside a High Court decision which ruled in favour of Heng Peo and ordered that he be sent to Singapore, his last point of disembarkation.
In his application, Heng Peo claimed that Wahid, Ishak and Mohamad Hanafiah had committed contempt of court by acting individually and/or jointly to interfere with the administration of justice by deliberately suppressing facts.
He claimed that they had orchestrated his premature deportation to Cambodia and undermined his application for a stay order of the deportation which was pending in the Federal Court on Dec 21 last year.
Heng Peo claimed that three officers had individually or jointly misled the Court of Appeal by way of a sworn affidavit and oral statements by stating that the director-general of Immigration had not decided as to how and when Heng Peo would be deported whilst being fully aware that arrangements had been made with the Cambodian government to have a private plane waiting at the Subang Airport to remove Heng Peo from Malaysia.
3 comments:
I supposed this will allowed the
Malaysian's judicial system to
publicly clear up the ridiculous
accusations and Heng Pov's
attorney to make thousands of
dollars on a hopeless argument.
I have lost all confidence to all NGO organisations in Cambodia and all opposition parties in Cambodia for ignoring Heng Pov affairs. Heng Pov was a government officials. He deserves his social justice as much as other citizen. Why Kem Sokha and Sam Rainsy have ignored his citizenship right? He hasn't been offered by a good trial. Regardless of what he has done, he deserves the same justice like others. If he is allowed to be abused like that who dare to work for Cambodian justice system?
Wrong, Heng Pov had equal rights as
as any other khmer, but he fled the
country. Hence, he's culpable for
his action.
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