Drug case detainee walks free – thanks to PM’s alias

Drug case detainee walks free – thanks to PM’s alias

Court allows Awang Sari Lasikan's habeas corpus application because Mahiaddin had signed off as Muhyiddin.

The preventive detention order was nullified because the then home minister had signed off as Muhyiddin when the name on his identity card is Mahiaddin.
SHAH ALAM:
A Sabahan alleged to be involved in drug trafficking walked out of the High Court here a free man – because the prime minister, who was home minister then, did not use his real name when issuing a two-year preventive detention order last year.

The order had been signed under the name Muhyiddin Yassin. The prime minister’s real name on his identity card is Mahiaddin Md Yasin.

Judicial Commissioner Norsharidah Awang today allowed the habeas corpus application by Awang Sari Lasikan as the use of the alias was in breach of the Ministerial Functions Act and the Dangerous Drugs (Special Preventive Measures) Act.

Lawyer Zafran Zafri Mohd Zaini said the judge quashed Sari’s preventive detention and ordered him to be freed immediately.

Parties had made submissions on March 12 but the ruling was delivered today.

“Under the Ministerial Functions Act, the name stated in the gazette is Mahiaddin Md Yasin which is the name on his MyKad,” Zafri said.

Police arrested Sari under the Dangerous Drugs (Special Preventive Measures) Act early last year and detained him for 60 days for investigations.

Muhyiddin then signed the detention order in his capacity as acting home minister as there was no Cabinet on March 9. He was appointed prime minister on March 1.

The preventive detention was proposed by the police and an inquiry officer under the drug law.

Zafri who was assisted by Danial Amir, said the court allowed Sari’s habeas corpus application as the procedures under the Act must be strictly complied with.

“We raised a technical issue and the court agreed with us,” he told FMT.

The ruling has raised questions over possibly hundreds of other such detention orders signed by Muhyiddin.

Retired judge Gopal Sri Ram, however, said the judgment would not affect other matters signed by Muhyiddin using his alias.

“I don’t think any other documents signed by the prime minister or a minister under an alias will have any legal impact,” he said, adding that the court was right to allow the application as it involved the liberty of a person.

Federal Counsel Muhamad Safuan Azhar represented the government, the home minister and the superintendent of the Simpang Renggam Rehabilitation Centre.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.