KUALA LUMPUR: Actor Khaireyll Benjamin Ibrahim or Benjy, who is being detained by the police in connection with a drug case, yesterday filed a habeas corpus application seeking his immediate release.He named the Inspector-General of Police, the Home Minister and the government as respondents.
The application was filed at the High Court registry here through the legal firm of Messrs Zain & Co.
Benjy is also seeking an order that he will not be rearrested after his release.
He wants an order to be brought to court during the hearing of his application and a declaration that his arrest and detention under section 3 and/or any sections under the Dangerous Drugs (Special Preventive Measures) Act 1985 were wrongful, null and void and mala fide in nature.
The application was filed after the hearing of Benjy’s case in the Magistrate’s Court for alleged drug possession.
Meanwhile, at the hearing of the case, deputy public prosecutor Nurmadiana Mamat told the court that the police had acted accordingly when they rearrested Benjy last March 25.
“This is because a rearrest case happens when police obtain (new) information,” she said, adding that the police had also explained why Benjy was rearrested.
Nurmadiana also said that the issue raised by Benjy’s lawyer, Amer Hamzah Arshad, that he was not able to see his client, who was then detained under the Dangerous Drugs (Special Preventive Measures) Act did not arise as yesterday’s case concerned the Dangerous Drugs Act.
Earlier, Amer Hamzah applied for the court’s permission to meet his client.
He said he was only allowed to meet Benjy last April 5 for 15 minutes and claimed that his client’s rearrest by the police on March 25 in the Court Complex was a contempt of court.
Magistrate Hafizza Sauni then adjourned the hearing for about half an hour to allow Amer Hamzah to meet Benjy.
When hearing resumed, Benjy, who was earlier clad in a detainee’s uniform, had changed into a black shirt and got the thumbs-up sign from his mother, Azean Irdawaty.
On March 25, Benjy pleaded not guilty to a charge of possessing 0.24gm of methamphetamine at a house at A-6-5 Menara Duta 2, Jalan 1/38B, Off Jalan Segambut here at 4pm on March 11.
He is charged under Section 12(2) of the Dangerous Drugs Act which carries a fine of up to RM100,000 or a maximum of five years’ jail or both upon conviction.
Hafizza set May 12 for mention after Amer Hamzah informed the court that he would make a representation to the Attorney-General’s Chambers. — Bernama