FORMER PKR member Haziq Abdullah Abdul Aziz today lost his bid to challenge a six-day remand order.

The Kuala Lumpur High Court today dismissed his application and ordered the remand to stay.

“The court ordered for Haziq’s remand for six days to remain. As for the rest of the five detainees, the court reduced their detention period from six to four days,” said his lawyer, Ramesh Sivakumar.

“The grounds given by the court (justice Collin Lawrence Sequerah) were that they can’t all be investigated under Section 377B for carnal intercourse. On that, the court partly allowed our application,” he told reporters at the court complex.

Haziq is being investigated under Section 377B for carnal intercourse against the course of nature, Section 292 on disseminating obscene material and Section 233 of the Communications and Multimedia Act 1998 for improper use of network facilities.

He and five others challenged their remand by the police in relation to investigations into a widely circulated sex video which implicated Economic Affairs Minister Azmin Ali.

Azmin said the clips were was circulated to end his political career.

Ramesh said the six should not be detained under Section 377B as there was no merit to it.

“The judge is of the view that except for Haziq, the rest cannot be investigated under Section 377B.

“According to the law, the magistrate should have granted four days’ remand for the other five.

“But the police said they are investigating all of them under 377B.”

Ramesh also challenged whether the magistrate had seen the investigation diary.

“The diary is crucial for the magistrate to make the decision on the remand order.

“No such document was tendered when we were present (at the remand hearing).”

Deputy public prosecutor Mohd Radzi Abdul Razak said the diary was submitted via e-filing and is accessible online.

Based on the e-failing, Ramesh said, Sequerah assumed that the magistrate would have got access to the diary.

“That’s why the judge felt that there was reason to interfere with the decision of the magistrate.”

Sequerah said if they are being investigated under different sections, then the remand order must be different.

Radzi said the detainees are investigated under the three sections because they have yet to complete their investigations to bring any charge against them. – July 17, 2019.