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Use of ISA on Cheng proper, say Johor cops

Monday, 20 October 2008 08:25am

Johor police say Cheng Lee Whee’s statement was all lies.

©New Straits Times (Used by permission)

JOHOR BARU: Johor police said the Internal Security Act (ISA) was used on Cheng Lee Whee as she had spread information that could cause fear among the people.

The Johor Baru Suara Rakyat Malaysia (Suaram) secretary was detained on Friday following a statement she posted on the state police's web portal, alleging that police had abused their power in evicting the squatters at the Kampung Baru Plentong Tengah settlement.

State deputy police chief Datuk Tun Hisan Tun Hamzah said the ISA was not restricted only to communists.

"It is a big act which covers many aspects of internal security, not just communism.

"It was definitely proper for us to invoke Section 28 of the act to detain her for spreading information which could cause fear among the people," he said yesterday.

Puchong member of parliament Gobind Singh Deo was reported as saying that invoking the ISA was not proper in Cheng's case as she was not a communist nor a threat to national security.

Elaborating on the events that led to Cheng's arrest, Tun Hisan said police were at the Kampung Baru Plentong Tengah settlement on Thursday to keep peace and order and to ensure a court's eviction order was carried out without any interference.

"This was based on a tip-off that the eviction would encounter protest."

Tun Hisan said 27 people were arrested for preventing government servants from carrying out their duty and ignoring the court order. The demolition of unoccupied squatter houses at the settlement was completed in the evening.

The next day, Cheng posted a strongly worded statement on the state police's web portal, which claimed that the police had deployed water cannon trucks and the Federal Reserve Unit in the operation.

Tun Hisan said Cheng's statement was all lies.

"We arrested her at 10.25pm the same day. As we needed to investigate Cheng's allegations, we applied for a remand order from a magistrate's court but it was rejected. She was released and is on police bail until Nov 1.

"We will submit our investigation papers to the deputy public prosecutors' office to decide whether to press charges against her."

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Cheng's arrest under ISA
written by Pierre Lim Vey Yeow, Monday, October 20 2008 01:24 pm

Don't they require the Home Minister's approval and signature first before they can arrest anyone under the ISA? I didn't know that the police can invoke the Act at will to arrest people on the spot?

Pierre Lim Vey Yeow

A Reply To Pierre's Query
written by Nicholas Netto, Monday, October 20 2008 06:05 pm

Pierre,

Under s73 of the Act, any police officer may arrest and detain a person pending enquiries. The detention may be for a period not exceeding 60 days, subject to certain procedural requirements.

The Home Minister's role only comes in after that, where under s8 of the act, he has the authority to make a detention order directing that the person be detained for a period not exceeding two years. Of course, this detention order would normally be made if the Minister is satisfied that the person is a threat to the security of the nation, etc.

Hope that answers your question..

Nicholas Netto

60 days in the slammer
written by Pierre Lim Vey Yeow, Monday, October 20 2008 08:14 pm

Nice piece of work, the ISA. Which side of the bars are the terrorists actually?

Pierre Lim Vey Yeow

WHITHER JUDICIAL REVIEW?
written by Stephen Tan Ban Cheng, Monday, October 20 2008 10:14 pm

Great, just great. Now the deputy chief police officer of a state can make a ruling that the use of the ISA is proper.

His officers make the arrest. He makes the ruling.

Of course, my question is rhetorical: Where is the role of the court? Whither judicial review? Elleh!

Stephen Tan Ban Cheng

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