Fight to free RPK not over

Although the authorities have frustrated RPK lawyers' attempt to free him in court yesterday, the fight is not over according to his lead lawyer, Malik Imtiaz.

If the hearing were to proceed yesterday, he believes that "the case we would have mounted for RPK would have been virtually unassailable." By moving the goal post and detaining RPK under Section 8 of the ISA yesterday morning before the hearing, it is now impossible to secure his release based on the original habeas corpus application which was under Section 73(1).

However, the original application has not been dismissed and submissions by his lawyers will be heard on Oct 28. Even though the judge cannot release RPK based on the original application, the basis of detention under section 73(1) and section 8 is the same.

Meanwhile, a new habeas corpus application will be filed to challenge the Minister’s detention order under Section 8. If the hearing for the original application on Oct 28 is successful Malik says, "we can have a basis to argue that the minister’s detention is not just irregular for procedure - therefore showing the minister has no power to make the order".

source: Free RPK: It's Not Over

The Malaysian Bar has issued a statement yesterday which expressed its disappointment over the 2-year detention order against RPK. The statement also says,

"The ISA is being used against an individual where other avenues that afford him a chance to defend himself, exist. It confirms the impression that the ISA is being used for purposes other than national security. It is being used to stifle dissent."

source: Bar's Press Statement