The habeas corpus appeals of actor Benjy and eight former ISA detainees will be heard together by the Federal Court on July 19.

Chief Judge of Sabah and Sarawak Richard Malanjum who led a three-man bench allowed the application by Benjy's lawyer Amer Hamzah Arshad to consolidate both appeals as they involved similar legal issues.

Senior federal counsel Najib Zakaria did not object to the application. The other two judges were James Foong Cheng Yuen and Heliliah Yusof.

One of the issues in the appeals was on whether a habeas corpus application to secure a person's release from police custody could still be proceeded if a person was no longer under 60-day police custody but was being detained under the directive of the Home Ministry.

On May 5 this year, the Kuala Lumpur High Court had dismissed the habeas corpus application brought by Benjy, whose full name is Khaeryll Benjamin Ibrahim, to secure his release from detention under Section 3 of the Dangerous Drugs Act (Special Preventive Measures).

Re-arrest

However, a day before the High Court handed down its decision, deputy Home Minister Abu Seman Yusop had issued a two-year detention order on Benjy to be held at a rehabilitation centre in Muar, Johor.

On March 25, Benjy, 32, the only son of veteran actress Azean Irdawaty, had pleaded not guilty in the Magistrate's Court 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 last March 11.  

He was freed on RM2,000 bail with one surety but after Azean posted the bail, he was re-arrested for alleged involvement in drug trafficking under Section 3 of the Dangerous Drugs Act (Special Preventive Measures).

Meanwhile, a High Court on March 11, had also dismissed the writ of habeas corpus filed by the eight who had been detained under the Internal Security Act (ISA) for suspected terrorism after it (the court) rendered their application academic as they were no longer in police custody.

Seven foreigners have been deported to their respective countries in regard to the case while Malaysian Azzahari Murad has been place under restricted residence in Petaling Jaya.

- Bernama