KUALA LUMPUR: The High Court here dismissed the application by actor Khaeryll Benjamin Ibrahim or Benjy for a writ of habeas corpus for his immediate release from detention under the Dangerous Drugs (Special Preventive Measures) Act 1985.Justice Datuk Mohd Sofian Abd Razak ruled that Benjy’s re-arrest on March 25 was lawful as the police had fully complied with the law under Section 3 of the act.
Prior to the ruling, Benjy’s counsel Amer Hamzah Arshad and Senior Federal Counsel Najib Zakaria were involved in a heated argument when the latter informed the court that Deputy Home Minister Datuk Wira Abu Seman Yusop had signed an order for Benjy to be detained for two years.
Najib said Abu Seman signed the order on Tuesday afternoon and he was informed about the matter only yesterday morning.
Najib’s statement sparked strong objection from Amer Hamzah, who urged the court to compel the respondents to file an affidavit to explain why Benjy was being detained for two years, and to allow both parties to submit on the new development before the court would make its ruling on the habeas corpus application.
“The minister is not above the law. He was well aware of the ongoing application and the court fixed today (yesterday) for the decision, but the minister’s action clearly shows that he failed to respect the due process of the court,” said Amer Hamzah.
The minister, he said, had even given the assurance to let the court decide on the matter but he acted contrary to his own words.
Amer Hamzah said Section 3 and Section 6 should be read together where the minister could not act on his own but needed to rely on the police and inquiry officer before signing the detention order.
“Here he had acted on his own, isn’t it mala fide?” contended Amer Hamzah who continued arguing with Najib that the application was still alive and the question of fresh filing of a habeas corpus writ should not arise.
He said the respondents should have given due respect to the judiciary as this was not the first time the Home Ministry had acted in this manner. However, Najib replied that the court should deliver its decision on the application since the applicant still had liberty to challenge the minister’s order.
Najib also informed the court that Benjy was transferred from the Bukit Jalil police station to the Muar detention centre to serve his two-year detention.
Mohd Sofian ruled that the rearrest was not mala fide on the part of the police who immediately detained the actor after his mother posted bail on a drug charge at the Jalan Duta Court Complex here.
The judge also said that the issue of the applicant naming the Home Minister and the government as second and third respondents as this stage was premature.
Benjy in his application on April 8, had named the Inspector-General of police as the first respondent.
Benjy, 32, the only son of veteran actress Azean Irdawaty, pleaded not guilty to possessing 0.24gm of methamphetamine in a house at A-6-5 Menara Duta 2, Jalan 1/38B, off Jalan Segambut, here at 4pm on March 11.
He was freed on a RM2,000 bail with one surety but after Azean posted the bail, he was rearrested for alleged involvement in drug trafficking. — Bernama