Gilbert Louis performing at Hong Lim Park (Photo by Lawerence Chong)

By way of a Facebook post on 14 November, international human rights lawyer M Ravi announced that Gilbert Louis would be released at 6pm on the same day. TOC understands that M Ravi is assisting Gilbert’s counsel, Mr Arun Kasi, in this matter. Gilbert was first detained on 9 October in relation to allegedly harboring 3 foreigners who did not have valid visas.

Since the time he was first detained, he was not produced before any magistrate or charged with any offence. This prompted Mr Arun Kasi file an Habeas Corpus application and commence judicial review proceedings against the Malaysian Immigration Department on behalf of him.

Mr M. Ravi (left) and Mr Arun Kasi (right)

The legal proceedings were first heard in Court on 9 November and were adjourned to 15 November 2018. TOC understands that, owing to Gilbert’s release, the proceedings will be withdrawn.

“Immigration released him today with a short-term special pass and set him free. This is exactly what I prayed for, and will withdraw both applications tomorrow morning as well,” – Mr Arun Kasi

On 9 November, during the hearing to determine whether the judicial review application has any merit, lawyers for the Immigration Department argued that the High Court cannot hear the case by relying on a ouster clause that immunizes Immigration Department decisions from judicial review. Gilbert’s lawyers intended to pursue the argument that their opposing counsel’s arguments were in direct contradiction of the Malaysian AG’s directions that ouster clauses should not be relied upon. This was enunciated by the AG Mr Tommy Thomas in a speech made on 14 August 2018.

“…It follows that provisions in written law which purport to oust the jurisdiction of the court must be repealed, and I will be recommending to the Government to put the necessary legislation in place.

Pending the enactment of such law, Chambers will henceforth cease to rely on ouster clauses in any written law, and will not object to a litigant’s right to access to court to pursue his or her grievances. Our focus will hereafter be on the merits of the complaint of a litigant, rather than searching for technical and procedural objections to strike out his or her case and thereby shutting the door to a court challenge.” – Mr Tommy Thomas (Emphasis in bold ours)
The case was mired in further controversy when, on 13 November, Gilbert was not allowed to sign an affidavit in support of the Haebeas Corpus application. This denial, Mr Kasi argued, amounted to restricting Gilbert’s access to justice and he intended to seek recourse for in due course.

“It is time that Malaysia and for that matter Singapore set up an Immigration tribunal or amend their immigration laws that incorporates the principle of the right of fair hearing before one is deported. This is a basic right under international human rights law. I am especially concerned for those who have little or no access to justice like migrant workers. The legal challenges in this case have brought to light serious inequities and unfairness in the legal process in immigration matters. Gilbert had suffered injustice in being unlawfully detained for more than 30 days.” – M Ravi

Gilbert has been released on a short-term visit pass and is expected to return to Singapore shortly.
Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments
You May Also Like

Singapore sees abortions rise amid recession

Recession contributing to rise in abortions. AFP.

Free tertiary Tuition Grant Scheme provided by govt to foreign students backfires

The free Tuition Grant Scheme (TGS) was introduced by the Government to…

去年开始加强维修工作 武吉班让轻轨可靠性提升

武吉班让轻轨系统(BPLRT)在经过不断加强的维修工作后,线路的可靠性比过去四年提升了一倍。 据陆路交通管理局的数据显示,自去年10月至今年9月,这已有20年历史的轻轨线路平均每行驶了6万4000公里,才有一宗超过5分钟延误,比去年的4万3000公里好。 基础建设统筹部长兼交通部长许文远昨日(12月3日)巡视武吉班让轻轨站时指出,这些都是铁路运营商SMRT所加强维修工作的成果。 他表示,这也比他在2015年首次接管该部门时,平均每行驶3万3000公里出现一次超过5分钟延误的情况来的好。 “还不过,但可以做得更好。” 然而相比之下,由SBS Transit经营的新加坡另一条轻轨系统,盛港榜鹅轻轨系统表现更为“优秀”,平均每行驶了34万公里才出现一次延误。 武吉班让轻轨系统自1999年开放服务后,就一直遭受许多挑战。在2018年1月时,轨道旁一设备被火车撞损后,导致了长达五小时的服务中断。 许文远的致辞时指出,当他还是交通部高级政务部长时,需要捍卫这个系统的可靠度记录,当时我已经尽力了,但是议员们都不太信服。 他在2017年,也曾经将乘坐轻轨比喻为“过山车”。 “当我在四年前担任了交通部长时,就决心要果断地解决武吉班让轻轨系统问题。我决定全面翻新轻轨铁路。” 双管齐下加强维修…

Three new cases of COVID-19 confirmed; All three cases linked to previous cases

On Sunday, the Ministry of Health (MOH) has confirmed three new cases…