ALOR STAR: The High Court here today turned down the application by lawyers for Penang Environment Committee chairman Phee Boon Poh for a revision against his five-day remand order granted by the George Town magistrate's court in connection with an alleged graft case.
The court also turned down the same application filed by lawyer Dev Kumaraendran who represented a 70-year-old factory manager and his 37-year-old son, who were also detained under five-day remand order in connection with the case.
Judge Datuk Hashim Hamzah said after taking into consideration on submissions from the lawyers and Malaysia Anti-Corruption Commission (MACC) prosecutor, A. Hafiizh Abu Bakar, he decided that the application should be filed in George Town.
"The court hereby decides that the George Town High Court is the right forum to hear the application," he said.
Earlier today, Dev and lawyers RSN Rayer and Ramkarpal Singh who represented Phee, filed an application for the revision.
Ramkarpal said he was disappointed by the decision, saying that any High Court in the Peninsular has the jurisdiction to hear such application, regardless of the locality of the alleged crime.
He contended that the locality of a crime rules are only applied for the lower courts.
"We have informed the court that we did not neglect going to Penang (George Town High Court), in fact we went to the High Court complex and the resident of the senior judge but failed to file the application.
"We are of the view that the remand detention is illegal we will file the application at Penang High Court tomorrow morning," he told newsmen outside the courtroom.
Yesterday, the George Town magistrate's court in Penang granted a five-day remand order against Phee and the father and son duo to facilitate a probe into an illegal carbon filter factory in Sungai Lembu, Bukit Mertajam.
The remand order, which will end on Wednesday, was issued by senior deputy registrar Ameera Mastura Khamis.
Phee is being investigated by the MACC under Section 23 of the MACC Act 2009 for abuse of power for gratification.
Ramkarpal told newsmen yesterday that the court order was "highly irregular" and that he would file for a revision to overturn it at the High Court under the necessary provisions of the Criminal Procedure Code.
Ramkarpal was quoted as saying that he believes the Alor Star High Court has the jurisdiction to hear the matter.