Nik Hashim FCJ (majority):

[1] The appellant was detained for a period of 18 months with effect from 18 September 2007 pursuant to a Detention Order dated on the same date issued under s 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (the Ordinance). His application for a writ of habeas corpus for his release was refused by the Shah Alam High Court on 13 June 2008. Hence his appeal to this Court.

[2] The appellant had averred in his affidavit in support of the application at p 20 para 30 of the record that during the hearing before the advisory board (the board) he had made an application for an adjournment as the two witnesses requested by him were not present. In reply to the said averment the Secretary of the Board in her affidavit at p 127 para 8 of the record averred that the hearing of the appellant's representations was adjourned twice on 23 October 207 and 13 November 2007 at the request of the appellant on the ground that his counsel Encik Suresh was unable to attend the hearing. The Secretary further averred that the appellant's counsel had sent a letter dated 27 November 2007 requesting the board to exercise its power under s 9 of the O