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Wednesday 17 February 2010

Malaysian wrongly held, says judge

The Star

MELBOURNE: One of two Malaysians convicted of killing Sydney heart surgeon Dr Victor Chang is being unlawfully detained after the New South Wales (NSW) Parole Board Authority “got it wrong,” a NSW Supreme Court judge said.

Phillip Lim Choon Tee was due for release on Nov 11 last year but the parole board nullified its own decision nine days later and has kept him in custody since, the Australian Associated Press reported.

In a Supreme Court hearing yesterday, Justice Peter McClellan said Lim was being detained illegally.

“Let me put it another way. He has been ... unlawfully detained since November last year,” he told counsel for the Crown, Lloyd Babb.

Lim, 50, was due for release in November after serving his minimum sentence of 18 years.

But the decision was “vacated” to allow the NSW state government to make submissions to the State Parole Authority.

Dr Chang was shot dead on a footpath at Mosman in Sydney’s northern suburbs on July 4, 1991 in a failed extortion attempt by Lim and Liew Chew Seng aka Ah Sung.

Lim and Liew were given maximum sentences of 24 and 26 years, respectively.

McClellan, however, did not hand down his decision yesterday.

“I’ll reserve my decision and I’ll give it to you as soon as I can,” he told the court, noting that a decision to free Lim, who will be deported to Malaysia upon his release, would be irreversible.

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