BALI – Founder of Riyaz Hotel Group Mohammed Shaheen Shah Bin Mohd Sidek alias Datuk Seri Mohd Shaheen, 48, hopes were short lived following the Denpasar District Court Judge, namely honourable I Wayan Eka Mariarta, decision to rejected his Motion/Application to set aside the warrant of arrest issued against him. After 5 days of trial from 27th March 2023 to 31st March 2023, honourable I Wayan Eka Mariarta delivered his decision on 4th April 2023.
Datuk Seri Mohd Shaheen’s lead counsel namely Noverizky Tri Putra Pasaribu was not present but was instead represented by 2 other counsels, Ricky Rahmad Aulia and Yoga Prawira S when the verdict was read.
In the facts of the trial, the Judge had taken into consideration of the Respondent’s immunity, ie the Bali’s Police Department, based on Supreme Court Circular (SEMA) 1 of 2018, the Judge shall reject the Motion/Application of a person who is on the police’s wanted list (DPO) when submitting the motion/application. In this case, Datuk Seri Mohd Shaheen was on the Bali Police Department’s wanted list since 22nd November 2022.
This is the Second time Shaheen had challenged the Bali Police on his status on the Wanted List (DPO). His first attempt was on 2nd March 2023 when Shaheen’s Counsels Filed his case in the Administrative Courts and the case was dismissed by the Courts citing his case as unfounded and baseless.
The attorney of Bali Police Law Division, AKBP Imam Ismail, accompanied by AKBP I Ketut Soma Adnyana, said that they respect the decision of the learned Judge. With this decision, AKBP Imam Ismail accompanied by AKBP I Ketut Soma Adnyana stated that the Bali Police will continue with their investigations to establish the whereabouts of the fugitive, Shaheen.
It was also said that with this decision, Shaheen has exhausted all Legal Avenues to remove his name from the police’s wanted list (DPO).
The Indonesian National Police Headquarters has also issued a Worldwide International Red Notice (InterPol Red Notice) to arrest Shaheen who is the Mastermind of the Fraud and Embezzlement of the Company Funds. The Bali Police strongly believes that the fugitive, Datuk Seri Mohd Shaheen, 48, is currently abroad.
On a separate issue, Ricky Rahmad Aulia and Yoga Prawira S, attorneys’ of the fugitive, Datuk Seri Mohd Shaheen were reluctant to comment when asked about the whereabouts of their clients. Both Attorneys refused to respond at all including how the process of granting power of attorney appointing them as counsels was carried out whilst Datuk Seri Mohd Shaheen has been on the police’s wanted list since the end of year 2022, and further, now his status is in the Red Notice of the National Police Headquarters.
It was said, as attorneys, they claimed to have legal immunity. They cannot be prosecuted criminally and in civil when defending the legal interests of clients, both inside and outside of the court.
“So regarding the granting and signing of the power of attorney, it is a secret and we don’t need to tell you about it,” he explained.
Like the previous news, this motion/application concerns whether the determination of Shaheen on the police’s wanted list is legal in the alleged crime of embezzlement and unlawful misappropriation of company’s funds and assets and fraud as described in Article 374 of the Criminal Code Jo. Article 372 of the Criminal Code and Article 378 of the Criminal Code pursuant to Police Report Number: LP/B/628/X/2022/SPKT/POLDA BALI dated 20 October 2022.
Investigations were carried out since October 2022 and the Investigating Officers from the Bali Police had carried out their investigations according to Standard Operating Procedures (SOP). From the investigations, based on documents and oral testimonies from witnesses, the Bali Police was satisfied that an offence has been committed. The Bali Police had then named Datuk Seri Mohd Shaheen as wanted and on the police’s wanted list (DPO) on Tuesday 22 November 2022.
There are two Persons named on the police’s wanted list (DPO), Mohammed Shaheen Shah Bin Mohd Sidek alias Datuk Seri Mohd Shaheen, 48 and also the Chief Executive Officer (CEO), namely Kieran Chris Healey, 56, from England.
The Bali Police had suggested that Shaheen and Kieran to come to Bali to take responsibility for their actions by surrendering themselves before being arrested.
“Our advice for a person on the police’s wanted list (DPO person) is to surrender. He will be arrested sooner or later,” he added. The Bali Police strongly believes that the fugitive, Datuk Seri Mohd Shaheen, 48, is currently abroad.***
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