The suspect in an investigation into an alleged travel scam has been held in police custody for over 40 days without being charged, her lawyer claimed today.

The 39-year-old suspect was first arrested on July 17 to facilitate investigation into the scam under Section 420 of the Penal Code for criminal breach of trust.

However, her lawyer Rajesh Nagarajan claimed his client has had her remand order extended multiple times for investigators from different jurisdictions to complete their probes.

Rajesh also alleged that this extension of remand orders – colloquially referred to as 'tukar gari (changing handcuffs)', 'roadshow', or 'chain remand' – is a common practice among authorities.

"If the police think that she is guilty, and they have the proof, then charge her. Otherwise, they should release her. You cannot keep her in lockup. 

"This is unlawful. The police have already had 40 days (to investigate), how much more time do they need?" the lawyer told Malaysiakini.

According to Rajesh, the law clearly states that police can acquire a four-day remand against a suspect, after which they can apply for an extension of three more days.

'Chain remand'

Over 100 reports have been filed against his client in different jurisdictions, but he says this should not be enough excuse to keep his client detained without charge.

"When she was remanded for the first time, police should know already whether they had enough evidence to charge her or not. They should not simply take her from one jurisdiction to another.

"In this case, there are almost 100 police reports. If we don't do anything, she will be in police lockup for a minimum of six months. That is already like serving a sentence, but without being sentenced by a court of law.

"Imagine if there are 500 police reports? Does that means that she needs to be in police lockup for two years?"

Rajesh added that there was no need to keep his client under remand for such a lengthy duration as all the reports involved the same case. 

Holiday package scam

According to Rajesh, his client was the director of the travel company implicated in a scam that saw hundreds allegedly duped into making upfront payments for cheap holiday packages.

He alleges that his client was manipulated by an individual who promised her monthly salary of RM2,000 to be the company's official director, despite her having no part in any of its operations.

When contacted yesterday, Bukit Aman Commercial Crime Investigation Department chief Amar Singh did not respond to the allegation concerning the chain remand.

However, Amar confirmed that the suspect is still under police detention and is being investigated for her involvement in "many cases," adding that she is expected to be formally charged in court "soon".