Macau scam suspect freed from Poca order, it’s not a ‘violent crime’, says court

January 27, 2022 Crime & Legal

KUALA LUMPUR: The High Court here has allowed a 23-year-old woman’s application for judicial review to quash an order by the Prevention of Crime Act (Poca) board to place her under police supervision for two years.

Judge Noorin Badaruddin also allowed Ho Pei Wan to be freed from supervision with immediate effect.

Lawyer Marcus Lee said they cited a recent Federal Court ruling in support of the argument that Ho’s alleged involvement in a Macau scam (cheating clients through the telephone) could not be construed as an organised crime of violence as stated under Poca.

On Jan 7, Chief Justice Tengku Maimun Tuan Mat ruled that Poca could not be used to detain those linked to online gambling when she allowed a habeas corpus application filed by 25 Chinese nationals.

They were arrested by police in 2020 and later placed under a two-year preventive detention.

Tengku Maimun said online gambling did not fall under the definition of “organised” or “violent” crimes, stipulated under Article 149(1)(a) of the Federal Constitution.

Article 149 states that Parliament can enact laws to prevent acts that are prejudicial to public order. Poca was enacted pursuant to the provision.

Marcus, who assisted counsel Jacky Loi, said Ho had been confined in the Mukim Kahang area in Kluang district, Johor, since Jan 27 last year.

Among the conditions imposed are that she must stay indoors from 8pm to 6am the following day, is prohibited from using the internet and that she is fitted with an electronic device to monitor her movements.

Ho was arrested on Dec 2, 2020 and detained until Jan 30 last year for police to conduct their investigation.

The Poca board then issued the police supervision order for two years.