The Federal Court today ordered that businessman Zaidi Kanapiah or better known as “Datuk Addy Kana” and two policemen who were detained under the Prevention of Crime Act (POCA) 1959 in connection with an illegal online gambling syndicate, be released immediately.
Chief Justice Tengku Maimun Tuan Mat who chaired a five-member panel made the order after allowing the trio’s appeal over their applications for a writ of habeas corpus.
The others presiding on the bench were Federal Court judges Vernon Ong Lam Kiat, Zaleha Yusof, Hasnah Mohammed Hashim and Rhodzariah Bujang.
Zaidi, Corporal Muhamad Amin Nur Rashid Mohamed Puad and Corporal Mohd Hairy Mohammad, all aged between 35 and 40, had appealed against the Kuala Lumpur High Court’s dismissal of their applications for a writ of habeas corpus for an immediate release.
Justice Tengku Maimun held that the respondents, namely the Magistrates’ Court, the Inspector-General of Police, the government and Assistant Superintendent Khairul Fairoz Rodzuan, had not met the legal burden to justify the lawfulness of the trio’s detention.
“The appeals are allowed. The order of the High Court is set aside and the appellants’ application for a writ of habeas corpus is allowed. It is therefore directed that each of the appellants be released from custody forthwith,” said Justice Tengku Maimun.