PUTRAJAYA, Oct 12 – Anyone linked to a syndicate smuggling stolen cars overseas can be held under the Emergency (Public Order and Prevention of Crime) Ordinance, the Federal Court ruled today.
Federal Court judge Datuk Gopal Sri Ram said, this was because they posed a threat to public order.
In his 12-page judgment, he said the smuggling activities of syndicates was an obvious potential to disrupt public tranquility as they had the effect of providing thieves and would-be thieves a ready market for the disposal of stolen cars.
Sri Ram sat in a three-man bench led by Chief Justice Tun Zaki Tun Azmi. The judgment delivered last Friday (Oct 9) was made available to the media today.
The other judge was Federal Court judge Datuk Zulkefli Ahmad Makinudin.
The quorum dismissed the appeal of Darma Suria Risman Saleh who is being detained at the Simpang Renggam detention centre under the Emergency Ordinance 1969 for two years.
Darma Suria appealed against the High Court’s decision rejecting his writ of habeas corpus to secure his release from detention.
The home ministry issued a two-year detention order against Darma Suria for alleged involvement in smuggling stolen cars for export. He was arrested on April 2, last year.
In his judgment, Sri Ram said the home minister did not commit any error of law when issuing the detention order because the activity engaged by him (Darma Suria) was prejudicial to public order.
“Because no car may be safe from being either robbed or stolen, and its recovery made impossible by reason of the appellant’s (Darma Suria’s) assistance in their disposal.
“There is no doubt also, that the activity engaged by the appellant had the potential to disrupt the even tempo of the life of the community. The even tempo of life of the community is disrupted when there is serious risk of loss of property through theft,” he added. – Bernama
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