T Harpal Singh said police could not rely on Sosma to investigate an alleged commercial crime.
“The procedural law was enacted to investigate organised violent crimes,” Harpal told FMT after meeting the officer, now held by Johor police.
Sosma allows police to hold suspects up to 28 days compared to the maximum 14 days provided for under the Criminal Procedure Code.
“We believe the detention of our client is unlawful and an abuse of power by the police,” he said, adding that the court papers will be filed in the Kuala Lumpur High Court tomorrow.
Further, Harpal said, even though police officers were granted power under Section 4(5) of Sosma to detain suspects for investigation, there were limitations in the law.
He said Section 4(11) of Sosma states that subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the provision’s period of operation.
He said Sosma was gazetted on June 22, 2012, and the amendment was not renewed or gazetted.
“Therefore, the right of detention granted to police officers ceased to take effect in June 2017,” he said.
Harpal said his client was arrested by Melaka Tengah police on Tuesday and was being held in Johor Bahru, which had become a “jurisdictional issue”.
“An alleged offence is said to have taken place in Ampang, Selangor. My client should have been handed to that district police for investigation,” he said.
Johor police chief Ayob Khan Mydin Pitchay said on Tuesday they had arrested 10 police officers and two Malaysian Anti-Corruption Commission officers for alleged ties with “Geng Nicky”.
He said they were being investigated for fraud and money laundering.
On March 30, Inspector-General of Police Abdul Hamid Bador said a total of 34 uniformed personnel and members of enforcement agencies were suspected of being in cahoots with the gang.
Recent reports said investigations showed that Liow, 33, was last seen at Setiawalk, Puchong, on March 20. He is believed to be hiding in the country and on the run with several bags of cash.
Police have obtained an Interpol Red Notice to locate and arrest Liow and his Chinese assistant, Niu Zhi, 31.
On April 9, Liow and his brother were charged in absentia at the Petaling Jaya sessions court for alleged involvement in an organised crime group.