High Court dismisses trio’s application for revision

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KUALA LUMPUR: The High Court here has dismissed a revision application by two lawyer brothers and another suspect against the remand extention order obtained by the police in connection with the murder of cosmetics millionaire Datuk Sosilawati Lawiya and three others.

In a press statement, their counsel, Ravi Nekoo, said High Court judge Datuk Mohamad Zabidin Mohd Diah dismissed the application yesterday morning without hearing the parties.

He said he received a letter via fax at his office from the court’s senior assistant registrar, Haslina Basaruddin, at 11.50am.

In the brief statement, Ravi said he was shocked over the manner the decision was made, adding that he would proceed further at the Court of Appeal.

“We are of the view that we should have been heard as it involves the rights of the arrested persons as stated under Section 325(2) of the Criminal Procedure Code,” he said.

The section states: “No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard, either personally or by advocate, in his own defence.”

He said, although Section 326 stated that a right to be heard was not automatic, but in matters where the arrested person would be prejudiced, this section had no application.

On Monday, the trio filed the application at the High Court criminal registry for the court to review on the orders issued by the Kuala Lumpur Magistrate’s Court registrar on Oct 8, in extending the remand for another seven days. The remand expires tomorrow.

Ravi, in the application, had stated that the registrar was wrong in granting the extention order where he had contended grounds for the extention sought by the police were stated collectively for all the suspects, rather than individually.

Sosilawati, 47, her driver, Kamaruddin Shansuddin, 44, CIMB officer Noorhisham  Mohammad, 38, and lawyer Ahmad Kamil Abd Karim, 32, were reported missing since Aug 30, after they were said to have gone to Banting over a land transaction. — Bernama