What We Know So Far About The Malaysian Detained In Japan As Third Charge Looms

According to reports, Muhammad Faiq Zafran Mohd Jailani was detained in Japan while carrying money and gold worth approximately RM500,000.

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A 23-year-old Malaysian detained in Toyama, Japan, over alleged involvement in a fraud syndicate is expected to face a third charge next month

It has prompted his family and a humanitarian organisation to begin the process of appointing a lawyer to represent him, reported the New Straits Times.

Muhammad Faiq Zafran Mohd Jailani has been held at the Toyama Minami police station since his arrest after travelling to Japan in November last year.

Malaysian Humanitarian Organisation (MHO) secretary-general Datuk Hishamuddin Hashim said legal representation is being arranged ahead of 12 March, when another charge is expected to be brought against Faiq.

However, he said details of the latest allegation cannot be disclosed due to Japanese legal procedures restricting case information to appointed lawyers.

"Currently, Faiq is being held at a police station. The conditions there are not too bad, but obtaining halal food may be somewhat difficult. He may have to rely on vegetables and rice.

"There is another detainee in the same cell who also cannot speak English, so communication is quite challenging," he was quoted as saying by the English daily.

Malaysian Humanitarian Organisation (MHO) secretary-general Datuk Hishamuddin Hashim

Malaysian Humanitarian Organisation (MHO) secretary-general Datuk Hishamuddin Hashim.

Image via B Nantha Kumar/Malaysiakini

Faiq was previously charged under Section 246 of the Japanese Penal Code for fraud and Section 60 of the same code for committing an offence with at least one other person

Hishamuddin said uncertainties surrounding the circumstances of Faiq's arrest made it essential for a lawyer to examine the case in detail.

"This is because the facts reported so far are quite confusing, particularly whether Faiq was arrested with the alleged evidence or not.

"At the same time, the family believes he may have been exploited, but it is too early to draw conclusions until the true facts of the case are known. For now, we respect the legal process in Japan," he said.

According to the New Straits Times, earlier reports cited conflicting claims that Faiq had been detained with money and gold worth approximately RM500,000.

Faiq, a polytechnic graduate, left Malaysia for Japan in November after telling his family he was travelling to Kuala Lumpur for work.

Relatives later discovered he had flown to Tokyo instead.

His mother, Noor Zuhaini Ismail, lodged a police report on 30 November after losing contact with him on 19 November.

Muhammad Faiq Zafran's father, Mohd Jailani Ambak (left) and mother Noor Zuhaini Ismail show a picture of their son at a press conference organised by MHO at Medan Avenue 1, Jalan Tun Razak

Muhammad Faiq Zafran's father, Mohd Jailani Ambak (left), and mother, Noor Zuhaini Ismail, show a picture of their son at a press conference organised by MHO at Medan Avenue 1, Jalan Tun Razak.

Image via Ahmad Ukasyah/New Straits Times

Meanwhile, Wisma Putra has said consular officers are prepared to assist within legal limits

"Consular officers stand ready to provide all necessary assistance to Faiq, including facilitating communication and ensuring his welfare, subject to his consent and within the parameters of Japanese law.

"It must be noted, however, that the embassy cannot intervene in the judicial proceedings of a sovereign state or demand the release of a detainee," the ministry said in a statement.

The ministry explained that under the Vienna Convention on Consular Relations, notification of detention to a foreign embassy is not automatic and must be requested by the detainee.

Japanese authorities are also bound by personal data protection laws that limit disclosure of detention details without consent, it added.

Wisma Putra said it continues to monitor the case through the Malaysian Embassy in Tokyo and maintains communication with Faiq's family.

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