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Sunday, April 19, 2015

US Court rules that FBI violated rights of Paul Phua in gambling case

A US court has ruled that the Federal Bureau of Investigation (FBI) violated the rights of Malaysian citizen Paul Phua, 50, when it used a ruse to obtain evidence against him for running an illegal gambling operation.

"The (US) government violated the defendant's Fourth Amendment rights" against unreasonable searches and seizures", US District Judge Andrew Gordon's said in his ruling which was reported by Associated Press (AP).

The report said the ruling therefore throws out evidence collected by the FBI against Paul Phua at his luxury villa at Caesars Palace, Las Vegas.

The FBI had sought the help of the hotel's contractor to cut internet access to Phua's villa and agents posing as repairmen then entered the room to install hidden cameras.

The judge said the evidence collected was "fruits of an unconstitutional search" and that they cannot be used as evidence if the governments wants to charge Phua for operating an illegal gambling business, said the AP report.

The ruling effectively puts an end to the prosecution of Phua which US prosecutors described as an Asian triad member.

But the report said prosecutors may still try to pin Phua on US$13 million in bets wagered before the FBI began the raid that the court ruled illegal.

Phua Jr pleaded guilty

Phua is the last remaining defendant among eight people arrested in the case, including his son Darren Wai Kit Phua, 23.

Six of the defendants including Darren have already pleaded guilty to lesser charges while another defendant had his case dismissed, according to AP.

Phua who prior to this was also arrested in Macau had received little attention in Malaysia until a minister's letter to the FBI vouching for the wanted man was leaked.

Home Minister Ahmad Zahid Hamidi in the letter to the FBI December last year insisted that Phua was not a 14K triad member.

He went on to claim that Phua had assisted Malaysia in "matters of national security" and asked that he be allowed to return to the country.

Ahmad Zahid later defended the letter, claiming that he was merely clarifying Phua's status on request of the latter's legal team.

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