KUALA LUMPUR, April 22 — The Magistrates’ Court denied an application to remand Occupy Dataran activist Omar Mohd Azmi, and ordered the police to wrap up their investigations and release him today.
Lawyer Syahrezan Johan told The Malaysian Insider the police were still holding Omar for questioning and the latter is expected to be charged in court tomorrow for allegedly obstructing a public official from discharging his duty, an offence under penal laws.
“Fahmi (Reza) was released on police bail at about 3pm. He is being investigated under DBKL’s by-law. Omar is still held because he is being investigated under the Penal Code for obstructing a public officer on duty,” the head of the Malaysian Bar’s constitutional law committee said.
Section 186 of the Penal Code refers to a charge of obstructing a public servant in the discharge of his public functions.
The offence is punishable by imprisonment of up to two years, or a fine of up to RM10,000, or both.
He added that under the law, the police may hold Omar for up to 24 hours, until 8am tomorrow, but the magistrate had ordered his release today.
“The magistrate explicitly ordered all investigations to be done by today,” Syahrezan said.
The police had applied for a two-day remand order from the magistrate earlier today to secure Fahmi’s attendance in court, where they plan to charge him under Section 186 of the Penal Code.
“We expect him to be released soon,” the lawyer added from the police station where Omar is being detained.
Police arrested the two Occupy Dataran activists camped at the historic square at about 8am today, while City Hall officials seized their tents and other camping equipment, following last night’s royal concert and a week ahead of Bersih 3.0’s planned rally at the same spot.