The Kuala Lumpur High Court today dismissed the habeas corpus applications by eight Jemaah Islamiah (JI) suspects seeking their release from Internal Security Act (ISA) detention.

Justice Abdul Kadir Musa delivered his judgment after an extended day of hearing that ended at about 6:30pm.

"I am satisfied that the procedural requirements under Section 8 of the ISA have been followed. The application is dismissed," he said after briefly addressing some points raised during the two-day hearing.

Habeas corpus

is a writ ordering prisoners to be brought before a court or judge to ascertain if there are any procedural defects which could render their detention unlawful.

The eight detainees are Abdul Razak Baharudin, Mat Sah Mohd Satray, Mohd Sha Sarijan, Abdullah Mohamed Noor, Nordin Ahmad, Abdul Murad Sudin, Abdullah Minyak Silam and Shamsuddin Sulaiman.

Kadir had earlier heard submissions by deputy public prosecutors who argued that the procedural requirements for the home minister to issue the two-year detention orders against the eight were fully complied with.

DPP Abdul Wahab Mohamad said there were valid grounds to detain them as they were alleged to have participated in meetings and training exercises in preparation for a jihad (holy war) against the government.

However, the allegation was denied by the detainees' lawyers who claimed that the government had not provided any evidence to substantiate this charge.

Classified report

When met after the hearing, one of the counsels Edward Saw expressed surprise over the decision.

Saw said a clear omission in the prosecution's case had been their refusal to divulge the report used by the home minister to issue the detention orders despite referring to the document in the their submissions.

"They referred to Attachment A which is supposed to be the report but in their affidavit, only the cover of the report was produced. We were told that the report contained classified information.

"However, once the document is referred to in court, it becomes declassified and they have to produce the document," he added.

Saw said the families of the detainees have said that they want an appeal to be filed with the Federal Court.

Prior to delivering his judgment, Kadir had referred to the classified report saying the court would have been better able to question the validity and legality of the detention with the document.

"It would have been better and it would clear doubts over the matter. If this was the only matter, I would have allowed the application but nothing in the law says that all the facts must be given (for the court to decide on habeas corpus applications)," he said.

No regrets

The wife of one of the detainees, Norlaila Othman said the families of the detainees do not regret pursuing legal action although the effort failed to secure their freedom.

"We know that we cannot rely on the court case solely. Even if we had won the case, there would still have been a high possibility of re-arrest and appeal by the prosecutors.

"We will continue with our campaign until all our husbands are released," she said when met outside the courthouse.

In a related matter, the detention orders for two of the eight detainees - Abdul Razak and Mohd Sha - are due to expire this Saturday.

However, it is uncertain if they will be released or be slapped with a two-year extension.