In a statement today, MACC said it was “not satisfied” with the Penang High Court ruling.

“We are not satisfied with the decision made by Judicial Commissioner Abdul Wahab Mohamed who cancelled the remand order issued by the Magistrate’s Court.

“MACC views this matter seriously as the decision has affected the ongoing investigation into the illegal factory,” it said in a statement.

MACC had on Saturday successfully applied for a five-day remand order from the Magistrate’s Court to allow Phee and two factory bosses to be investigated over an alleged illegal carbon filter factory in Bukit Mertajam.

The remand order has since been set aside by the Penang High Court.

Phee, 66, was investigated for using his office or position for gratification under Section 23 of the MACC Act 2009.

The other two men, a father and son aged 70 and 37, are the owners of the carbon filter factory, said to have been operating illegally for more than 10 years.

If found guilty, Phee faces 20 years’ jail, a fine of not less than five times the value of gratification or RM10,000, whichever is higher.

High Court JC Abdul Wahab Mohamed found the remand order to have contravened Section 117 (5) of the Criminal Procedure Code.

“The word ‘shall’ in subsection 5 is mandatory, and the respondent has not submitted literature to the contrary.

“The applicants had been denied natural justice.

“I hereby set aside the Magistrate’s Court remand order,” Wahab had said in his ruling.

The subsection says the magistrate deciding the period of detention of the accused “shall” allow representations to be made, either by the accused himself or through a counsel of his choice.

Phee’s lawyers, Ramkarpal Singh and RSN Rayer, had argued that they were not given a chance by the senior assistant registrar of the Magistrate’s Court on Saturday to air their submissions.