Datuk Rosli Kamaruddin, the lawyer for Global Ikhwan Services and Business Holdings (GISB) members, announced that the defense team will approach the Attorney-General’s Chambers (AGC) regarding the charges under Section 130V(1) of the Penal Code against 22 GISB members.
Rosli told reporters on Wednesday (Oct 23) that an application questioning the validity of the charges under the Security Offences (Special Measures) Act would be filed, based on an affidavit by GISB CEO Datuk Nasiruddin Mohd Ali and three others, with the matter under the High Court’s jurisdiction.
Additionally, he highlighted concerns over some members' health, noting that several elderly individuals with pre-existing conditions need medical attention after nearly two months in remand.
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Rosli told reporters on Wednesday (Oct 23) that an application questioning the validity of the charges under the Security Offences (Special Measures) Act would be filed, based on an affidavit by GISB CEO Datuk Nasiruddin Mohd Ali and three others, with the matter under the High Court’s jurisdiction.
Additionally, he highlighted concerns over some members' health, noting that several elderly individuals with pre-existing conditions need medical attention after nearly two months in remand.
Read more at https://tinyurl.com/2h3n57be
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NewsTranscript
00:0022 suspects have been charged under Section 130B Penal Code.
00:15This is with regard to the planned crime.
00:21There is only one charge against all 22 suspects.
00:26We don't know whether there will be another charges.
00:30This is the prerogative of the prosecution. We don't know.
00:34So if there is no other charges, that means only one charge under 130B of the Penal Code,
00:42then all the accused persons will be remanded in the prison pending trial.
00:50So the next date is on the 23rd of December.
00:58So under 130B of the Penal Code, this charge will be tried at the High Court level, not here.
01:08So this is a transit court for this particular charge.
01:12Then they are waiting for the DPP order for the charge to be transmitted to the High Court.
01:22So we will deal with it.
01:24We will appeal to the prosecution regarding this charge.
01:30We will also see if there are other charges against all the suspects.
01:40Also, when there is an accusation, the prosecution will deal with it.
01:46We will handle this case according to the law.
01:52So there will be a representation, there will be an appeal, there will be a challenge of the charge or charges.
02:02So we will see what will arise.
02:08Later we will handle it according to the law.
02:14Dato, just now the affidavit that you requested for a few of the suspects to sign, what was it about?
02:20The affidavit?
02:21Yes.
02:22Okay, there will be application to the High Court.
02:26Application where the case is suitable for SOSMA.
02:31There will be an application in challenging the charge.
02:37So that will come up later.
02:41It will be one stage and another.
02:46We will look at it one by one.
02:49We hope that there will only be one accusation.
02:52So if there is only one accusation, the accused will face this accusation and will be challenged in court.
03:02It depends on the prosecution.
03:05The proving now, the honours of proof lies on the prosecution.
03:10So the prosecution will fight all the charges.
03:16Let us deal in accordance to the law.
03:19Dato, just now there were four people that you asked to bail out.
03:22There were four during your assembly and so on.
03:25Yes, there were four deponents, witnesses or deponents.
03:29Deponents are those who signed the affidavit or the oath.
03:34Which will be used in any proceedings in the High Court.
03:38So we will have other proceedings other than this.
03:44Dato, does it mean the affidavit means to review the application of SOSMA for them?
03:51There will be several requests that will be made.
03:56We will be able to announce it after the filing.
04:00Because we will need further instructions from all the suspects.
04:05We will file it next week.
04:10Are there people who are not well?
04:11Yes, there are people who are not well.
04:13So we have got the cooperation of the police and the court has advised
04:21those who are not well to be brought for treatment.
04:26As you all know, they have been detained for a long time.
04:32They have been detained for a long time.
04:34Almost two months.
04:38Their condition, those who are old, those who are sick, those who have illness and so on.
04:45But we can't do more because the application of SOSMA,
04:50section 130, we, Penal Code Jenayah Terancang, will trigger the application of the SOSMA.
05:00So there are some detainees or some accused persons eligible to apply for bail.
05:11So we will deal with it.
05:13But not here, at the high court level.
05:16Dato, why the charges were read individually?
05:20Yes, all the charges were read individually.
05:25So it can't be read together.
05:32For now, the charges are for each individual.
05:35So it must be read for each accused person.
05:39The confession will not be taken because the case will be transmitted to the high court.
05:44Dato, from the 22 people, how many have problems with their health?
05:50I can say a few, the women.
05:53I think there are five or six women.
05:57Women who are old and have chronic diseases such as diabetes.
06:03Including Dato Chairman.
06:05Including Dato Nasiruddin.
06:07Dato, you mentioned earlier representation.
06:10Will you all be sending a representation?
06:13Yes, definitely.
06:15So that is up to the Attorney General Chambers to consider.
06:21There is no limit in sending representation.
06:25We can send a few times representation for them to consider.
06:31So the police investigate the matter.
06:33Whether there is a charge or no charge will be considered by the prosecution.
06:38And no harm for the defence to put in representation and appeal to them.
06:44That is their prerogative to consider.
06:47Dato, is it to reduce charges or drop all charges on all the accused?
06:53I can't say that because up to now there is only one charge.
06:58So we don't know whether there will be another charge.
07:01Because the police are investigating.
07:03If you recall what the Tan Sri IJP said,
07:08that they are investigating on 10 acts.
07:1310 acts.
07:15Scope of investigation.
07:17So today we have only one charge.
07:21We haven't been able to see if there is a charge under the Atib Som.
07:27We also haven't been able to see if there is a charge under the Acta Sexual Kanak-Kanak.
07:32Against these 22 suspects.
07:34We hope not.
07:36But if there is another charge, we will deal with it.
07:39That is the prerogative of the Attorney-General Chambers.
07:43That is their power.
07:45To accuse after considering.
07:48And we also can put up our appeal or representation for them to reconsider.
07:54So that is our responsibility.
07:57Whether there is a case or not, that is determined by the court.
08:02Let the court hear the matter.
08:05So if there is good evidence, then we deal with the evidence.
08:09If you remember what Tan Yusof Chin said,
08:12garbage in, garbage out.
08:15If the evidence is good, we will deal with it.
08:18If the evidence is not good, let the court deal.
08:21That is the power of the court.
08:23Just to verify, there will be a wrap for this charge?
08:26Definitely.
08:28When are you going to send it?
08:30Soon?
08:32I will say soon.
08:34Will you withdraw or reconsider?
08:37I will take my client's instruction for that.