SHAH ALAM, 23 March 2009: The High Court here will decide on 7 April on a claim by Selangor executive councillor Ronnie Liu Tian Khiew that the arrest warrant served on him on 12 Nov last year was invalid.
Judicial Commissioner Mohd Yazid Mustafa fixed the date today after receiving written submissions from deputy public prosecutor Noorin Badaruddin and Liu’s counsel, Gobind Singh Deo.
Liu wants the count to revise and set aside the arrest warrant issued by the Petaling Jaya Magistrate’s Court.
In her written submission, Noorin said that in a revision, a high court judge could only look at the irregularity or impropriety and illegality of proceedings in the subordinate court and not outside it.
She said the warrant was not a matter which came within the ambit of the proceedings in the subordinate court and therefore there was nothing for the High Court to decide on.
The application was untenable and misconceived in law and should be dismissed, she added.
Gobind Singh submitted that magistrate had failed to apply the special provision under section 43 (2) of the Criminal Procedure Code and this had affected the regularity, propriety and/or legality of the proceedings.
He said that taking Liu to the Puchong police station when implementing the warrant of arrest was illegal because Liu should have been taken to the magistrate’s court as stated in the warrant.
Liu, 50, had pleaded not guilty in the Petaling Jaya Magistrate’s Court to abetment in obstructing Subang Jaya Municipal Council enforcement officer Mohammad Hadzim Zulkapli from discharging his duty in an anti-vice operation at Hotel Chile, 10, Jalan Kenari 6, Puchong, Petaling Jaya on 2 Nov 2007.
If convicted, the Pandamaran state assemblyperson faces a maximum two years’ jail or RM10,000 fine. — Bernama
