The Federal Court today adjourned the appeal of five ISA detainees against the dismissal of their habeas corpus application to January next year.

The hearing is adjourned as one of the Federal Court judges, Justice Wan Adnan Ismail, is ill.

"We heard defence submissions as a five-member bench so it would not be fair to the prosecution if we have only four judges," said Chief Justice Mohamed Dzaiddin Abdullah who also chairs the panel.

He said no definite date could be fixed until the other judges meet with Justice Wan Adnan who is seeking medical treatment.

On April 25, Kuala Lumpur High Court judge S Augustine Paul dismissed the habeas corpus applications of Keadilan leaders Chua Tian Chang, Mohd Ezam Mohamad Nor, Saari Sungib, malaysiakini columnist-cum-film maker Hishamuddin Rais, and Freeanwar.com webmaster Raja Petra Kamaruddin.

Justice Paul threw out their case when he decided that the High Court did not have the jurisdiction to hear it.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain whether their detention is lawful.

Alleged involvement

Raja Petra has since been released while the others are serving a two-year detention order in the Kamunting Detention Centre.

In an April 12 press statement, Inspector General of Police Norian Mai said the five were arrested under the ISA for alleged involvement in a militant attempt to overthrow the government.

The defence is led by Sulaiman Abdullah who is assisted by Malik Imtiaz Sarwar, Christopher Leong, R Sivarasa and M Moganambal.

The prosecution is lead by senior deputy public prosecutor Azahar Mohamad who is assisted by deputy public prosecutors Mohd Yusof Zainal Abideen, Mary Lim Thian Suan and Abdul Majid Tun Hamzah.

The others in the five-member panel are Chief Judge of the High Courts of Sabah and Sarawak Steve Shim Lip Kiong, and Federal Court judges Abdul Malek Ahmad and Siti Norma Yaakob.