CHIEF Minister Lim Guan Eng’s remarks on the Malaysian Anti-Corruption Commission’s (MACC)  “illegal detention” of Penang executive councillor Phee Boon Poh were justified, lawyer and DAP MP Ramkarpal Singh said.

He said it was “ill-advised” of MACC yesterday to give Lim 48 hours to apologise, “as there can be no doubt that the said statement was made having regard to the prevailing circumstances”.

“I can see no reason for the chief minister to respond to such a baseless ultimatum by MACC, although it is open for him to do so,” he said in a statement today.

Ramkarpal said Judicial Commissioner Abdul Wahab Mohamed had set aside the five-day remand order against Phee, who was being probed for allegedly using his position for gratification, and two others linked to the MACC’s investigation.

Wahab’s decision on August 14, which ruled that the detention of the trio was illegal since it was based on an invalid order, meant that MACC had detained them illegally after the first 24 hours of their initial arrest on Aug 11 passed, Ramkarpal said.

“In the circumstances, there can be no doubt that the chief minister was justified in describing the said detention as illegal.

“Further, it is obvious that the chief minister was not saying that the arrest of the said trio was illegal since he did not use the words ‘penangkapan haram’. 

“In other words, it is clear that the chief minister was referring to the continued detention of the said trio 24 hours after their arrest by MACC which was clearly based on an invalid order,” the Bukit Gelugor MP said.

Ramkarpal, who represented Phee in challenging the remand order, said even the officer who appeared for MACC in the remand proceedings on August 12 had conceded that the senior assistant registrar had “erred in issuing the five-day remand order” without hearing the counsels representing the trio.

Yesterday, MACC issued a statement demanding an apology from Lim, who is also DAP secretary-general, for describing Phee’s detention as illegal. Lim’s remarks were reported in a news article titled “Sg Lembu illegal factory: Guan Eng claims ignorance over DoE’s letter to MPSP and Norlela” published by New Straits Times.

“After listening to the audio and viewing the video of Guan Eng meeting with the media on August 24 at Komtar, Penang, MACC has found that Guan Eng clearly used the words ‘illegal detention by MACC’ when replying to a reporter’s question in connection with the illegal factory case in Sungai Lembu,” MACC said in its statement.

MACC said Guan Eng’s statement was slanderous with the intention to mar MACC’s good name and reputation.

The commission also said it had filed the Notice of Appeal with the Court of Appeal to challenge the Penang High Court’s decision and issued a warning against commenting on the matter as it might be sub judice.

Ramkarpal said neither himself nor Phee had received a copy of the notice, and were not aware that such a notice had been filed, therefore the issue of sub judice should not arise. 

“Even assuming commenting on the said detention order is sub judice, how can the chief minister be said to be in contempt of court if he is not aware that an appeal is pending since we have not been served the said notice of appeal?”

He said MACC should stop issuing “baseless threats” to Lim, and instead explain how information on Phee’s four frozen bank accounts was leaked and made public.

“Since the information was obtained directly by MACC, there is an irresistible inference that the leak must have been caused by MACC as well. 

“It is baffling how MACC could have allowed such information to reach the public domain, as it not only could this jeopardise investigations, but it could also endanger the lives of Phee and his family,” he said.

Several English, Malay and Chinese newspapers had quoted sources as saying that MACC had frozen his personal bank accounts that contained RM2 million. Phee denied having the amount of cash in his accounts and is suing the dailies for “falsely reporting” the matter. – August 26, 2017.