State executive councillor Phee Boon Poh and two others were today released after successfully challenging their five-day remand orders amidst a Malaysian Anti-Corruption Commission (MACC) investigation.

High Court judicial commissioner Abdul Wahab Mohamed overturned the remand orders issued last Saturday by a George Town Magistrate's Court assistant registrar.

DPP Ahmad Ghazali Muhamad Nadzri represented the MACC.

Upon release, Phee thanked his lawyers and supporters for standing by him throughout his ordeal.

“I will continue to serve the people. We must stand together, as this is the darkest hour in Malaysia,” he said.

"I am innocent and everyone knows I am innocent. I have only been sincerely helping the people, and this has been the state policy for years.

"I will continue to assist people in need," he said.

Meanwhile, the MACC said it will appeal against Phee and the two other individuals’ release.

Although it respects the Penang High Court’s decision in overturning the remand orders, the MACC said it is not satisfied with the decision made by Abdul Wahab.

“(As such) we will appeal (against) the decision at the Court of Appeal.

“The MACC views this matter seriously because the decision has affected the investigation process. Investigators are aggressively completing the investigation papers involving Phee and the two other suspects believed to be involved in the operations of an illegal factory in Sungai Lembu, Penanti,” said the MACC in a statement today.

Earlier, speaking outside the court, Chief Minister Lim Guan Eng said the state’s policy on illegal businesses and structures would remain.

The state’s policy, which had led to Phee's letters for which the MACC is investigating him, is to find a "win-win" solution for the problem, instead of banning businesses or demolishing structures with one swoop.

“We wait for clarification from MACC regarding this. If the commission can interfere in state policy, this should not only affect Penang but other states as well,” Lim told reporters.

'No more arrest'

Outside the court house, lawyer Ramkarpal Singh said last Saturday's decision of George Town Magistrate's Court assistant registrar, Ameera Mastura Khamis, to remand Phee until Wednesday has been "set aside".

Ramkarpal (photo) said this implied that the remand order is non-existent.

"This means Phee and two others - the factory director and manager - who were also remanded with him last Saturday, are free," he told reporters.

"The investigating officer told us that Phee will not be arrested again, so we rely on his assurance that it will not happen," he added.

"We have also given him the assurance that we will cooperate fully with the police or MACC to provide statements or be questioned. That is not a problem," said the DAP Bukit Gelugor MP.

Ramkarpal said the lawyers are pleased with the High Court's decision, adding, "Phee and the other two persons are not restricted in their movements in any way."

In a separate statement later, Ramkarpal said Phee had commended the MACC’s professionalism.

“YB Phee wishes to state that during his entire period of detention, the MACC officers acted professionally and informed him that they were following orders. He was also treated well by the officers at all times.

“YB Phee further wishes to put on record his appreciation of the said professionalism of the said MACC officers and that he is prepared to assist in their investigations if and when notified to do so in the future,” he said.

Remand decision 'irregular'

Earlier this morning, a teary-eyed Phee appeared in handcuffs at the High Court in Penang for the hearing of his legal challenge against the remand order.

Clad in the MACC orange detainee uniform, Phee managed to speak to his family members and received a hug from DAP parliamentary leader Lim Kit Siang before he was taken into the courtroom.

DAP supporters told Malaysiakini that Phee looked "tired and emotional".

A group led by Guan Eng held banners outside the court house to show their support for Phee, who handles the environment, welfare and caring society portfolio.

Phee's other lawyer, RSN Rayer, said the five-day remand order against Phee was "highly irregular" because it was issued by the assistant registrar without hearing a submission from the client.

Last Friday, Phee was arrested for allegedly writing letters that urged the Seberang Perai Municipal Council (MPSP) against taking action on an illegal carbon filtering factory in Bukit Mertajam.

MACC raided the factory, MPSP and Phee's office in Komtar, his service centre in Sungai Puyu and home in Butterworth and seized documents related to the matter.