SOSMA - no Bail > In prison until trial ends? Kit Siang’s polsec urges repeal of Sosma - what about parties?

Anyone charged in court for any one of the security offences listed in the First Schedule of SOSMA will have to be detained until his/her trial is over - NO BAIL except for a very few exceptions..

13  Bail (SOSMA)
(1) Bail shall not be granted to a person who has been charged with a security offence.
(2) Notwithstanding subsection (1)-

(a) a person below the age of eighteen years;
(b) a woman; or
(c) a sick or an infirm person,

charged with a security offence, other than an offence under Chapter VIA of the Penal Code [Act 574] and the Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770], may be released on bail subject to an application by the Public Prosecutor that the person be attached with an electronic monitoring device in accordance with the Criminal Procedure Code.

Judges cannot grant BAIL - even if the prosecutor has no objections. Now 2 wakil rakyat amongst those charged for offences listed as security offences - THEY HAVE TO STAY IN DETENTION IN PRISON until their trial and appeals are over - HOW LONG? Maybe years...

GRAVE INJUSTICE if he is found NOT GUILTY by court - and, is it just that he had to languish in detention for years? 

In Malaysia, there is NO COMPENSATION yet for those who have been forced to spend their time in Detention and then found to be NOT GUILTY? 

That innocent person, by reason of detention under SOSMA, suffers much -

- It impacts his/her job, business - income and source of income

- It brings about GREAT SUFFERING to not just himself, but his family including children. No income cannot pay loan obligations - may lose house, car, student loan, etc.. > may even end up being declared BANKRUPT?

In Malaysia, even persons charged with MURDER can get bail, so is it right 

Samirah Muzaffar, the widow of the late Cradle Fund chief executive officer Nazrin Hassan, posted her RM500,000 bail in two sureties pending her murder trial...The Federal Court on Tuesday allowed Samirah to be released on a half a million ringgit bail with several conditions attached.The conditions include surrendering her passport to the court and reporting to a police station once every two weeks as well as being indoors at between 6pm and 8pm.She also cannot be at public places or public functions apart from functions involving family and religious matters.In addition, she is not allowed to leave Kuala Lumpur or Petaling Jaya without leave of the court.

On March 27 this year, the High Court in Shah Alam had granted bail of RM50,000, in two sureties each, to the two teenage boys. - New Straits Times, 29/5/2019

the late Datuk Balwant Singh, who was similarly charged under Section 302 of the Penal Code for shooting and killing despatch rider Gobala Krishnan in Bangsar, Kuala Lumpur in 2002. Balwant, 81 at the time, was granted bail after the court took into account his age and health. He was later found not guilty and acquitted in 2003. - Malay Mail, 5/6/2019

-"security offences" means the offences specified in the First Schedule; 

What does the First Schedule say _

Schedule 1 (Section 3)
 
SECURITY OFFENCES
Penal Code [Act 574] - (i) Offences under Chapter VI, (ii) Offences under Chapter VIA and (iii) Offences under Chapter VIB

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670] - Offences under Part IIIA 

Special Measures Against Terrorism in Foreign Countries Act 2015 [Act 770].


What kind of Penal Code Offences?

CHAPTER VI   OFFENCES AGAINST THE STATE 121 Waging or attempting to wage war or abetting the waging of war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri

121A Offences against the Yang di-Pertuan Agong's person

121B Offences against the authority of the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri

121C Abetting offences under section 121A or 121B

121D Intentional omission to give information of offences against sections 121, 121A, 121B or 121C by a person bound to inform

122 Collecting arms, etc., with the intention of waging war against the Yang di-Pertuan Agong, a Ruler or Yang di-Pertua Negeri

123 Concealing with intent to facilitate a design to wage war

124 Assaulting member of Parliament, etc., with intent to compel or restrain the exercise of any lawful power

124A (Repealed)

124B Activity detrimental to parliamentary democracy

124C Attempt to commit activity detrimental to parliamentary Democracy

124D Printing, sale, etc., of documents and publication detrimental to parliamentary democracy

124E Possession of documents and publication detrimental to parliamentary democracy

124F Importation of document and publication detrimental to parliamentary democracy

124G Posting of placards, etc.

124H Dissemination of information

124I Dissemination of false reports

124J Receipt of document and publication detrimental to parliamentary democracy

124K Sabotage

124L Attempt to commit sabotage

124M Espionage

124N Attempt to commit espionage

125 Waging war against any power in alliance with the Yang di-Pertuan Agong

125A Harbouring or attempting to harbour any person in Malaysia or person residing in a foreign State at war or in hostility against the Yang di-Pertuan Agong

126 Committing depredation on the territories of any power at peace with the Yang di-Pertuan Agong

127 Receiving property taken by war or depredation mentioned in sections 125 and 126

128 Public servant voluntarily allowing prisoner of State or war in his custody to escape

129 Public servant negligently suffering prisoner of State or war in his custody to escape

130 Aiding escape of, rescuing, or harbouring such prisoner

130A Interpretation of this Chapter

CHAPTER VIA   OFFENCES RELATING TO TERRORISM Suppression of terrorist acts and support for terrorist acts 130B Interpretation in relation to this Chapter

130C Committing terrorist acts

130D Providing devices to terrorist groups

130E Recruiting persons to be members of terrorist groups or to participate in terrorist acts

130F Providing training and instruction to terrorist groups and persons committing terrorist acts

130FA Receiving training and instruction from terrorist groups and persons committing terrorist acts

130FB Attendance at place used for terrorist training

130G Inciting, promoting or soliciting property for the commission of terrorist acts

130H Providing facilities in support of terrorist acts

130I Directing activities of terrorist groups

130J Soliciting or giving support to terrorist groups or for the commission of terrorist acts

130JA Travelling to, through or from Malaysia for the commission of terrorist acts in foreign country

130JB Possession, etc. of items associated with terrorist groups or terrorist acts

130JC Offence to build, etc. conveyance for use in terrorist acts

130JD Preparation of terrorist acts

130K Harbouring persons committing terrorist acts

130KA Member of a terrorist group

130L Criminal conspiracy

130M Intentional omission to give information relating to terrorist acts

Suppression of financing of terrorist acts 130N Providing or collecting property for terrorist acts

130O Providing services for terrorist purposes

130P Arranging for retention or control of terrorist property

130Q Dealing with terrorist property

130QA Accepting gratification to facilitate or enable terrorist acts

130R Intentional omission to give information about terrorist property

130S Intentional omission to give information relating to terrorism financing offence

130T Offences by body corporate

130TA Non-application of Offenders Compulsory Attendance Act 1954 and sections 173A, 293 and 294 of the Criminal Procedure Code

CHAPTER VIB   ORGANIZED CRIME 130U Interpretation in relation to this Chapter

130V Member of an organized criminal group

130W Assisting an organized criminal group

130X Harbouring member of an organized criminal group

130Y Consorting with an organized criminal group

130Z Recruiting persons to be members of an organized criminal group

130ZA Participation in an organized criminal group

130ZB Accepting gratification to facilitate or enable organized criminal activity

130ZC Enhanced penalties for offences committed by an organized criminal group or member of an organized criminal group

YES - there are some really not serious offences - some maybe for possession of books, pamphlets, T-shirts, CD, DVD ....and guess what, some of these may not even be BANNED in Malaysia..

SOSMA IS NOT A PREVENTIVE DETENTION LAW - IT IS A LAW THAT ALLOWS THE POLICE TO USE 'SPECIAL' PROCEDURES...AND ALLOWS FOR THE USE OF EVIDENCE WHICH OUR EVIDENCE ACT DOES NOT ALLOW TO BE USED. SOSMA ALSO DENIES BAIL - AND YOU END UP IN DETENTION UNTIL THE END OF YOUR TRIAL AND/OR APPEALS THEREAFTER..SOSMA IS LIKE THAT DRACONIAN Essential (Security Cases) Regulations 1975 (ESCAR)

Many will simply plead guilty, even if innocent, so that they can be sentenced fast - stay in prison until the end of their sentence and walk out free >>> WHO WANTS TO LANGUISH IN PRISON UNTIL THEIR TRIAL AND APPEAL ENDS - IT CAN BE YEARS AND YEARS...SOMETIMES EVEN LONGER THAN THE SENTENCE IF CONVICTED. 

HOW MANY persons in detention now simply because they have been charged for one of the 'security offences' listed in SOSMA?  

Kit Siang’s polsec urges repeal of Sosma used to hold DAP reps, others over terror group links

Wednesday, 30 Oct 2019 09:31 AM MYT

BY JUSTIN ONG

DAP lawmakers P. Gunasekaran and G. Saminathan, along with S. Chandru, are ferried to the Melaka Sessions Court in Ayer Keroh October 29, 2019. — Bernama pic

KUALA LUMPUR, Oct 30 — The Security Offences (Special Measures) Act or Sosma violates fundamental liberties and must be abolished, lawyer and political aide Syahredzan Johan said today.

The political secretary to DAP’s Lim Kit Siang acknowledged arguments that the preventive detention law was needed to combat terrorism-related offences, such as those two DAP assemblymen were charged with yesterday, but said these did not consider the ramifications to the accused when it is invoked.

Sosma is not used to prosecute directly but rather is invoked in conjunction with another law to allow police to hold suspects for up to 28 days at a time, during which their rights may be severely curtailed.

The invocation of Sosma precludes bail except in special circumstances and even a court decision clearing the detainee of the charge will not guarantee his release from its preventive detention.

“This means the accused is ‘punished’ the entire length of the legal process, which violates the principle that a person must not be punished until proven guilty,” he said in a statement.

The law also has provisions that weaken safeguards under the Evidence Act, such as allowing the admissibility of statements extracted in any form and time from the suspects, the validity of which may not be later challenged in court.

Syahredzan said other glaring issues with Sosma include lopsided provisions such as the ability to use anonymous witnesses and the admissibility of any evidence regardless of whether they were legally obtained.

He argued that the culmination of these prevented any opportunity for a fair trial once Sosma is invoked.

“Sosma is a law that is against the principle of justice. The government is urged to repeal the law and to replace it with another, more just piece of legislation if this is needed,” he said.

DAP’s Seremban Jaya assemblyman P. Gunasekaran and Gadek assemblyman G. Saminathan were among 10 people charged separately yesterday with supporting or possessing material linked to the Liberation Tigers of Tamil Eelam (LTTE) group.

They were all detained using Sosma and were denied bail yesterday as a result.

Lim previously urged the Pakatan Harapan government to repeal Sosma after saying this was contained in the pact’s election manifesto.

Since then, however, other coalition leaders — most notably Tan Sri Muhyiddin Yassin who is the home minister — have come out to dispute this by saying PH only pledged to review the law the Najib administration introduced. - Malay Mail, 30/10/2019