KOTA KINABALU: A 49-year-old electrician, who was detained at Simpang Renggam Prison in Johor and subsequently placed under restrictive residence in Melaka for alleged drug trafficking, has been freed by the Federal Court.
The court unanimously allowed and granted a writ of habeas corpus (an order releasing a person from detention) to Peter Chang Nyuk Min during an appeal proceeding held via zoom on Tuesday (June 20).
The three judges - Justice Mary Lim Thiam Suan, Justice Harmindar Singh Dhaliwal and Justice Rhodzariah Bujang - made the decision after hearing oral submissions from Chang's lawyer Datuk Seri K. Rakhbir Singh and senior federal counsel Zulkipli Abdullah assisted by federal counsel Nuur Izham Ismail.
Chang, from Sabah's northern Kudat town, had named four respondents including the Deputy Home Minister, Simpang Renggam Prison director and Inspector-General of Police in challenging his detention.
He was appealing a Nov 22, 2022 Kota Kinabalu High Court decision to dismiss his habeas corpus application.
Rakhbir said the High Court decision to dismiss Chang's habeas corpus application was in error as it was incumbent on the High Court under its constitutional duty of review under Article 5(2) of the Federal Constitution to actually undertake a review of the complaint made by Chang in relation to his detention.
Rakhbir argued that the High Court should have gone into the merits of the detention order.
The Federal Court agreed to set aside the High Court decision after Rakhbir and Zulkifli submitted their oral arguments.
The Federal Court ordered the issue of a habeas corpus writ to Chang for him to be released immediately.
Chang, in his appeal, said that on June 29, 2021, he was arrested at his home and was detained at the Kudat police station for questioning.
He was not released from the police station and on Sept 14, 2021, was taken to the Simpang Renggam Prison to be detained under a Minister’s Detention Order for a period of two years commencing June 30, 2021.
However, at the Advisory Board hearing on Dec 8, 2022, Chang's lawyer Rakhbir made a representation that led to the suspension of the initial Minister’s Detention Order.
Chang was then taken to be placed under the Minister’s Restriction Order at Mukim Chin-Chin in Jasin district of Melaka with effect Jan 21, 2022.
