The High Court here today granted Yew Wei Liang, 41, leave to apply for judicial review for a declaratory order that there was procedural impropriety on the part of public prosecutors to charge him with murder.
Yew’s counsel, Wee Choo Keong, described Yew’s detention by the Kajang magistrate as unlawful. He was remanded for more than 14 days as stipulated under section 117 of the Criminal Procedure Code (CPC).
Section 117 of CPC says those accused of offences which carry a jail term of more than 14 years should not be remanded for more than 14 days. The case must also be transferred to the High Court.
But Wee said that Yew was charged with murder in the Kajang Magistrate’s Court on Aug 22 without the consent of the AG.
Therefore, he said, Yew was unlawfully detained as he was remanded for more than 120 days. Yew was subsequently charged with murder, after consent was obtained, on Dec 9, a day before the case was transferred to the High Court.
“In a nutshell, Yew’s murder charge was tainted with procedural impropriety or done in bad faith,” he told reporters.
Wee also said that when Yew was charged, no chemist, post-mortem, or forensics report was presented to the court and that these reports were only made available on Feb 12.
Therefore, he said, Yew was charged not based on evidence but on “the whims and fancies of the prosecutor.”
“We are now seeking for the murder charge to be declared a nullity due to bad faith or procedural impropriety.”
Wee also said he filed a judicial review to investigate the abuse of power by the magistrate, procedural impropriety of the prosecutor or AG and to seek damages.
Yew was charged under Section 302 of the Penal Code – which carries the death penalty – after the road incident led to the death of Syed Muhammad Danial Syed Syakir.
In the incident on Aug 10, Syed Danial, 29, died following an altercation with the driver of another car over a minor accident just after the Sungai Besi toll plaza.
The two drivers got involved in a car chase and a scuffle ensued between them at the Bandar Baru Bangi interchange. Witnesses at the scene broke up the fight and the two drivers returned to their vehicles.
The younger man then got out of his vehicle with a baseball bat and smashed the other car’s bonnet. The older driver was believed to have suddenly lurched his vehicle forward, hitting the victim.
Syed Danial was pinned between the car and the road divider. He was rushed to the Nilai Medical Centre but died while receiving treatment.