The Kuala Lumpur High Court today ordered that fugitive Cambodian police chief Heng Pov not be deported until his habeas corpus application is heard on Oct 17.

The order was made following an application by his wife yesterday to halt his deportation.

Heng Pov's wife Ngin Fotheavy on Thursday applied to the High Court to halt the looming deportation, saying she feared her husband would be tortured and killed if he was sent back to Cambodia.

"No deportation until the hearing date," Judge Abdul Kadir Musa said, despite opposition from government lawyers against the application from Heng Pov who was arrested outside Kuala Lumpur on Tuesday.

"He is not to be deported in the meantime," he added.

First victory

His lawyer Nik Mohamed Ikhwan described the decision as a "first round victory" for his client, who fled murder charges in Cambodia in late July.

"Any move by Malaysia to deport Heng Pov with the knowledge that his life will be threatened will put Kuala Lumpur under the negative spotlight of the international community," he said.

"Authorities here should allow him to go to a third country which is willing to accept him and this will not jeopardise Malaysia's image," he said.

Nik Mohamed said Heng Pov entered Malaysia from Singapore on Sept 1 on a 30-day visa with the intention of seeking asylum in another unnamed country.

Judge Abdul Kadir told government lawyers that if they wanted to deport Heng Pov before the Oct 17 hearing they would have to seek his permission.

"If you need to deport, you come to court and apply that you need to deport," he said. "I do not want to be involved in legal and international politics."

Sentenced in absentia

Ngin Fotheavy claimed in an affidavit that her husband feared he would be tortured and killed if he was deported to Cambodia.

She also asked the court to order Malaysian authorities to produce the 51-year-old, who is in police custody after being arrested on Tuesday on charges of overstaying his visa.

Ngin Fotheavy said her husband entered Malaysia from Singapore on Sept 1 using a diplomatic passport and had informed Malaysia's Foreign Ministry that he would be staying here for one month while applying for political asylum.

Heng Pov was convicted and sentenced in absentia on Sept 18 for conspiracy in connection with the killing of municipal court judge Sok Sethamony, who was shot in the Cambodian capital Phnom Penh.

Local media reported Thursday that a police team from Cambodia arrived here on Wednesday to arrange for his deportation to Cambodia where he will serve an 18-year prison sentence.

Malaysia does not accept asylum seekers, nor does it have an extradition treaty with Cambodia.