NO MORE DRAMA : Amir Hamzah (right) and Azean (centre) with her family leaving the High Court after proceedings today
The High Court this morning dismissed the habeas corpus application by actor Khaireyll Benjamin Ibrahim or Benjy.
Judge Datuk Mohd Sofian Abd Razak made the decision this morning. Benjy was detained under Section 6 of the Dangerous Drugs (Special Preventive Measures) 1985 which resulted him to be detained for two years maximum at Muar detention centre in Johor.
The detention order, although signed by Deputy Home Minister Datuk Wira Abu Seman Yusop yesterday evening, only came about to both counsels this morning.
Senior Federal counsel Najib Zakaria said he was only informed of the detention order this morning and that Benjy was also sent to the centre this morning.
Following the decision, Benjy’s counsel Amer Hamzah Rashid said he would file an appeal to the Federal Court while he would also file a new application for habeas corpus to challenge the provision under Section 6.
He also argued about how the order was communicated to his client and also expressed frustration over the lack of correspondence by Najib and the applicant over the changes of circumstances pertaining to this case.
“That is why we urge the Federal counsel to file an affidavit on what happened, when was the order made and at what time and hour?” said Amer.
He also said Section 3 and 6 should be read together where the Home Minister could not act independently without the reports by the police.
While reading the judgment, Mohd Sofian said the dismissal of the application was deemed lawful under Section 3.
The court also called the decision for the applicant to name the Home Minister and the government was premature, and there was no issue of mala fide (bad faith) should arise.
Prior to the decision, Amer and Najib got into a heated argument on whether Section 3 and Section 6 should be read together or separately.
The situation got more heated when the court was told that Abu Seman had issued the detention order this morning without the knowledge of Benjy’s counsel.
In his writ of habeas corpus application filed on April 8, Benjy named the Inspector-General of Police, Home Minister and the government as respondents, and also sought an order that he would not be rearrested after his release.
During the last hearing on April 27, Najib had told the court that Benjy was re-arrested and detained under the Act because he was identified in drug processing and trafficking activities.
Najib had also said the arresting officer, Inspector Nur Hazurah Ab Talib, had informed Benjy the grounds of his re-arrest and the latter had signed a form.
Benjy, the only son of veteran actress Azean Irdawaty, had pleaded not guilty to possessing 0.24gm of methamphetamine in a house at A-6-5 Menara Duta 2, Jalan 1/38B, off Jalan Segambut here at 4pm on March 11. Immediately after posting bail, he was re-arrested for alleged involvement in drug trafficking.
