Heng Pov at his arrest and return from Malaysia (Photo: Koh Santepheap)The New Straits Times (Malaysia)
PUTRAJAYA: The Federal Court dismissed an appeal by former Cambodian police chief Heng Peo yesterday on grounds that the matter had become academic.
Judge Tan Sri Zaki Tun Azmi said the reason behind the decision was that Heng Peo was not in Malaysia and that any order of the apex court could not be enforced.
However, the appellant’s lawyers expressed disappointment that the highest court in land had missed an opportunity to decide on key legal issues in the interest of the public.
“No amount of argument will change our minds,” Zaki said of the unanimous ruling.
Sitting with him were Datuk Mohd Alauddin Mohd Sheriff and Datuk Nik Hashim Nik Abd Rahman.
At the outset of the hearing, Zaki asked Heng’s lawyer, N.Sivananthan, whether the appeal was academic since his client was not in the country and that any order of the Federal Court could not be enforced.
Sivananthan, who is appearing with lawyer Abdul Shukor Ahmad, told the panel that the legality of Heng Peo’s deportaton was “still alive.” He said if the court decided that the appellant’s deportation was unlawful, then the issue of damages arose.
Sivananthan, however, insisted that they be given an opportunity to persuade the court to hear the appeal as there were legal issues of public interest.
Deputy Public Prosecutor Mohamad Hanafiah Zakaria, appearing for the Immigration Department director-general and the government, said the appeal was academic.
Zaki then ruled that the court did not want to hear any argument on whether the appeal was of public interest.
Outside court, Sivananthan said that it was very unfortunate that the apex court failed to seize the opportunity to develop the law on a public issue.
“We came here prepared with extensive research.” He said the issue was the type of relief the courts could give after taking into consideration the interest of justice.
Abdul Shukor said yesterday ’s ruling showed that the apex court was still conservative and did not want to help in the development of the law.
Heng Peo was arrested on Oct 3, 2006, for overstaying and his wife, Ngin Sotheaby, filed a writ of habeas corpus application to secure his release.
He was deported in a private plane to Cambodia as Sivananthan was filing his papers in the Federal Court which agreed to hear the appeal the same day.
Judge Tan Sri Zaki Tun Azmi said the reason behind the decision was that Heng Peo was not in Malaysia and that any order of the apex court could not be enforced.
However, the appellant’s lawyers expressed disappointment that the highest court in land had missed an opportunity to decide on key legal issues in the interest of the public.
“No amount of argument will change our minds,” Zaki said of the unanimous ruling.
Sitting with him were Datuk Mohd Alauddin Mohd Sheriff and Datuk Nik Hashim Nik Abd Rahman.
At the outset of the hearing, Zaki asked Heng’s lawyer, N.Sivananthan, whether the appeal was academic since his client was not in the country and that any order of the Federal Court could not be enforced.
Sivananthan, who is appearing with lawyer Abdul Shukor Ahmad, told the panel that the legality of Heng Peo’s deportaton was “still alive.” He said if the court decided that the appellant’s deportation was unlawful, then the issue of damages arose.
Sivananthan, however, insisted that they be given an opportunity to persuade the court to hear the appeal as there were legal issues of public interest.
Deputy Public Prosecutor Mohamad Hanafiah Zakaria, appearing for the Immigration Department director-general and the government, said the appeal was academic.
Zaki then ruled that the court did not want to hear any argument on whether the appeal was of public interest.
Outside court, Sivananthan said that it was very unfortunate that the apex court failed to seize the opportunity to develop the law on a public issue.
“We came here prepared with extensive research.” He said the issue was the type of relief the courts could give after taking into consideration the interest of justice.
Abdul Shukor said yesterday ’s ruling showed that the apex court was still conservative and did not want to help in the development of the law.
Heng Peo was arrested on Oct 3, 2006, for overstaying and his wife, Ngin Sotheaby, filed a writ of habeas corpus application to secure his release.
He was deported in a private plane to Cambodia as Sivananthan was filing his papers in the Federal Court which agreed to hear the appeal the same day.
2 comments:
Justice Equation:
Malaysian Court = Cambodian Court = Corruption
How much Malaysian court and police got from Hok Lundy? 50 million dollar?
In Asia you can do everything you want if you have money and power.
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