KUCHING: The High Court yesterday allowed an application for judicial review of a suspect in a cheating case dubbed ‘Skim Beras 1Malaysia’.
The suspect’s defense counsel Shankar Ram filed the application under Section 117(5) Criminal Procedure Code (CPC) read with article 5(3) of the Constitution.
Upon hearing presentations from Shankar and deputy public prosecutor, Judge Dato Rhodzariah Bujang said: “On the facts highlighted in the applications and the concessions made by the DPP, I allow an application for revision and set aside the remand order made by the learned second class magistrate primarily on the ground that the suspect was deprived of his right to counsel during the remand.
“In the circumstances, the suspect is to be released forthwith.”
The defense counsel filed the criminal revision because the third remand application for the suspect was conducted not in accordance with the CPC.
Police detained the 33-year-old suspect recently following a scam at Beratok and other areas within the Mile 21 Kuching-Serian road.
The scam which started in May last year is said to have cheated its victims of RM3 million.
To gain the trust of his victims, the suspect would start off by selling them 10kg of rice at RM10 which was then resold for more than RM20.
After gaining the trust of his victims, the suspect would offer them to join the investment scheme which promised a return of 50 to 100 per cent profit within 50 days.
The case is currently investigated under Section 420 of the Penal Code for fraud involving money.
Residents of Kampung Menjau lodged a police report on Dec 17 after realising that they have been cheated of almost RM2 million.
According to the victims, they were supposed to reap profits of RM8 to RM14 for every sack of rice since the market price of rice was set at RM23.