Authorities in Malaysia have been accused of conspiring to secure a "bogus" arrest warrant for Perth man Dominic Bird to prevent him returning to Australia following his acquittal on drug charges that carry the death penalty.
Mr Bird last week walked free after being found not guilty of charges of supplying a large quantity of methamphetamine to an undercover police officer, but was unable to immediately return home due to issues surrounding his visa.
He now faces the prospect of a death sentence once again hanging over his head after prosecutors on Monday lodged an appeal against last Wednesday's verdict.
The 33-year-old was re-arrested on Monday just 10 minutes before he was to board a flight to Australia, after a warrant for his arrest was issued when he failed to appear at a hearing at the Malaysian Court of Appeal scheduled for 9am local time on Monday.
But it has been revealed Mr Bird was unable to attend the hearing because he was in the custody of Malaysian immigration officials, who had taken him to the LCCT airport on the outskirts of Kuala Lumpur from where he was to fly home to Perth.
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His legal team were also not advised of the hearing, and were therefore unable to challenge the request for his arrest or ensure their client was present.
Mr Bird, who last week said he was "ecstatic that I'm out of the handcuffs", on Tuesday said he began to suspect something was afoot when authorities delayed issuing a new visa until Monday morning.
The delay effectively gave prosecutors time to lodge their appeal.
His lawyer Muhammed Shafee Abdullah on Tuesday described the events of the past few days as "farcical".
"Although it was the immigration that arrested him, we know for a fact it wasn't the immigration that wanted to do that. The immigration was instructed by the prosecution, and maybe even with the police knowing it," Mr Abdullah told reporters outside the Malaysian Court of Appeal.
"That arrest was unlawful. We have seen the warrant. We were shocked."
"It would be appear that the arrest (on Wednesday last week) was bogus purely to ensure that he was still available for the arrest on Monday."
Still, Mr Abdullah said his client was holding up well.
"I am quite surprised that he is putting up pretty well. But I am sure that deep inside he is frustrated because he was just 10 minutes from freedom," he said.
Mr Bird was remanded in custody pending a bail hearing which has been scheduled for Thursday.
His lawyers will argue that he be released without condition pending the outcome of the appeal, and be allowed to return to Australia while the legal process runs its course.
Authorities would be reluctant to allow Mr Bird to return home while the appeal is pending because of the Australian government's policy of not granting extradition in cases which carry the death penalty.
The appeal process could take up to six months.
Mr Bird was initially arrested at a cafe near his apartment in Kuala Lumpur on March 1 last year after allegedly being caught supplying an undercover police officer with 167 grams of methamphetamine.
The case against him was thrown out of court last week after the judge ruled the prosecution had failed to prove its case, and amid allegations of corruption against Inspector Luther Nurjib, the undercover officer who arrested Mr Bird and who was later accused of "setting up" the Australian.
Insp Nurjib was found guilty of contempt of court last month and fined RM2000 ($A665), after it emerged he had threatened and attempted to bribe a witness in the Bird case.
