JUDGMENT

Zulkefli Makinudin FCJ:

[1] This is an appeal by the appellant against the decision of the learned judge of the High Court in Kuala Lumpur who dismissed the appellant's application for a writ of habeas corpus vide Criminal Application No. 44-33-2008. We heard the appeal on 17 February 2009 wherein we dismissed the appellant's appeal. We now give our reasons in arriving at our decision.

Background Facts

[2] The relevant background facts and chronology of events leading to the present appeal by the appellant are as follows:

[3] On 13 December 2007, the appellant was detained in Kamunting Detention Camp under the Internal Security Act 1960 ("ISA") and is still currently being detained there. He first filed for a writ of habeas corpus at the High Court in Kuala Lumpur vide Criminal Application No. 44-90-2007 ("the first application") on 19 December 2007 challenging the validity of his detention under the ISA. The High Court dismissed the first application on 26 February 2008 and held his detention to be lawful. The appellant appealed to the Federal Courtvide Criminal Appeal No. 05-21-2008 (W) against the said decision of the High Court. On appeal the Federal Court ruled inter alia