Well, we know that former UMNO leaders has been convicted for a serious crimes. Some other UMNO members/leaders have been convicted for serious crimes. There are some still facing criminal trials, and also allegations. Does that make UMNO an "organized criminal group"?
Is GISBH an organized criminal group?
The Penal group defines organized criminal group as such...
"organized criminal group" means a group of two or more persons, acting in concert with the aim of committing one or more serious offences, in order to obtain, directly or indirectly, a material benefit, power or influence;
Now, then the issue is when GISBH was put into the list of "organized criminal group"? Malaysia has a list of organized criminal groups, just like they have a list of terrorist groups. From time to time, the government also reveals of such groups ... So, the relevant question here was when was GISBH put on the list of 'Organised criminal groups'? Where is this LIST?
The home ministry has identified 49 groups that are allegedly operating as criminal gangs. “These organisations or secret societies are organisations involved in activities detrimental to the peace of society like drug trafficking, extortion, fights and murder using firearms or sharp objects,” said ministry secretary-general Datuk Seri Abdul Rahim Mohamad Radzi.
If they were just recently placed on the list, then activities of persons before that is not a CRIME... and so those GISBH cannot be charged for activities before GISBH was registered as a being members of the 'organised criminal group'. If individuals committed crimes together with others, then charge them jointly for the said offence? This would be the correct way of doing things.
Art. 7 Protection against retrospective criminal laws and repeated trials, Federal Constitution
(1) No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed.
Has the Malaysian Government and the Public Prosecutor not learned from the case of SWATCH watches seizure, where before even they were banned and could be seized by authorities, the Government of Malaysia illegally seized the said watches
A Malaysian court has ordered the country's government to return 172 rainbow-coloured watches it seized from watchmaker Swatch last year.The government said it took the timepieces from the Swiss company because they featured "LGBT elements" - homosexuality is illegal in Muslim-majority Malaysia and punishable by up to 20 years in prison.However, a court ruled the government did not have a warrant to confiscate the items and a law prohibiting their sale was only passed later, making the seizure unlawful.- BBC, 25/11/2024
Were they intentionally charged under a SOSMA listed offence - where BAIL is unavailable, so they have to remain in detention for months/years until trial is over?
Was the charging them for the offence of being a member of a organized criminal group simply to make it a SOSMA listed offence, and thus SOSMA can be used to deny their bail, and they will have to 'rot' in detention until their trial is over.... This will be very wrong, and I would see this as an abuse of law - an abuse of the powers of the Public Prosecutor - simply because one does not like GISBH, its 'accomplishment' in business without government help, their alleged 'deviant' Islamic believes/practices? {Note most of these allegations of crimes against GISBH employees, owners, directors, etc are still merely allegations - because one is presumed INNOCENT until proven guilty in Court after being accorded a fair trial. We have been waiting for the trial to begin - why so long?
Why the ODD charge of 'being a member of a organized criminal group? Why not charge them of specific crimes crimes and try to prove it beyond reasonable doubt? Now, the charge is VAGUE, is it not?
PM Anwar once proclaimed his opposition to pre-conviction punishment - he said that sentence and punishment should come after a fair trial and the court convicts and sentences...not before that.
PM Anwar Ibrahim was also right when he said “…Before a sentence is passed, suspects should not be punished beforehand,” he said in his speech during the 25th SUHAKAM anniversary here today (BERNAMA, 9/9/2024). GISBH – Do Not Impose Pre-Conviction ‘Punishment’, Which May Caused Irreversible Damage to Business and Workers, Based on Allegations or Police’s Suspicions Before the Court Makes A Determination Of Guilt (MADPET)But, in this GISBH case - people are being arrested for just being employees/members/associates of GISBH(a Corporate entity). The businesses have been 'closed' - how many employees lost job and wages, how many owners of business loss their hard developed business and source of income, how many other persons/entities have suffered because what happened - is this NOT punishment before the Court decided on guilt and passed sentence, PM Anwar Ibrahim?
As we know, all this 'disturbing allegations' against GISBH arose just a few months ago - still allegations, as to date there is still no fair trial or convictions yet - Malaysians are waiting patiently for the trial to start, and to see whether all these allegations are true or not.
130V(1) Penal Code - Whoever is a member of an organized criminal group shall be punished with imprisonment for a term of not less than five years and not more than twenty years.
Organized Criminal Group - what crimes have this group or members been found guilty in court? If no crimes, how can we brand them 'organized criminal group'? It is different from TERRORIST GROUPS - who may have had convictions in other jurisdictions? Be careful in branding groups 'Organised Criminal Group' if there is no prior conviction as the presumption of innocence ought to apply to such groups.
HAMAS - some countries consider them TERRORIST or even 'Organised Criminal Groups' - but Malaysia does not. Same applies to Terrorist Groups - sometimes they are branded so by 'enemies', and Malaysia too will not simply follow US or other countries that do this 'terrorist branding'
GISB CEO, 21 others claim trial to being members of organised crime group
SHAH ALAM: GISB Holdings Sdn Bhd chairman and chief executive officer Datuk Nasiruddin Mohd Ali, his wife, Datin Azura Md Yusof, along with 20 others, pleaded not guilty today to charges of being members of an organised criminal group.
All 22 of them entered their respective plea after the charge was read out to each of them before High Court judge Datuk Seri Latifah Mohd Tahar.
They are accused of being part of the organised criminal group under GISB Holdings between October 2020 and Sept 11, 2023, in Bandar Country Homes, Rawang, Selangor.
They were charged under Section 130V(1) of the Penal Code, which carries a prison sentence of between five and 20 years.
The accused, comprising 13 men and nine women aged between 30 and 73, arrived at the court complex heavily guarded by police at 9.30am.
The accused were Nasiruddin, 66, Azura, 58; Hasnan Abd Hamid, 54; son of Al-Arqam founder Ashaari Muhammad, Mohammad Adib At-Tarmizi Asa'ari, 33; Mohd Shukri Mohd Noor, 54; Mokhtar Tajuddin, 62; Shuhaimi Mohamed, 58; Muhammad Afdaluddin Latif, 35; Mohamad Sayuti Omar, 36; Mohd Fazil Md Jasin, 58; Mohd Dhirar Fakhrur Razi, 35; Muhammad Zahid Azhar@Nadzri, 52; Abu Ubaidah Ahmad Shukri, 35; Muhammad Fajrul Islam Khalid, 29; Hamimah Yakub, 73; Asmat@Asmanira Muhammad Ramly,45; Mahani Kasim, 55; Siti Hajar Ismail, 52; Khalilatul-Zalifah Mohammad Jamil, 28; Nurul Jannah Idris, 29; Nur Jannah Omar, 31; and Siti Salmiah Ismail, 58.
Today marked the accused's first appearance at the High Court since their initial charge in October last year.
No pleas were recorded then as the case falls under the jurisdiction of the High Court and is subject to the Security Offences (Special Measures) Act (Sosma).
Deputy public prosecutor Shafiq Hasim informed the court that the accused would not be allowed bail under Section 13 of the Act, except in cases involving minors, women, or individuals with serious health conditions.
However, Hamimah was granted RM40,000 conditional bail with two sureties on Jan 13, after her lawyer presented health reasons.
Judge Latifah ruled that there was no evidence to suggest she posed a flight risk or could interfere with witnesses.
Shafiq said that the other accused could apply for bail separately, and Datuk Rosli Kamaruddin, acting on behalf of all the accused except Hamimah, indicated he would submit 17 bail applications, accompanied by medical affidavits.
He requested an additional week to complete and submit these applications.
Shafiq said that the prosecution would need three weeks to respond.
The judge set March 17 to hear submissions from both parties.
During the proceedings, Azura was seen crying as she sat in the dock.
Outside the courtroom, families, some with young children, gathered in the corridor to greet the accused as they were escorted out in batches.
Other lawyers in Rosli's team were Muhammad Zaim Rosli, Najib Zakaria, Hasnan Hamzah, Boestamam Ahmad, Mohammad Hafiz Zainol Abidin and Dorina Abdullah.
Lawyer Kamal Hisham Jaafar represented Hamimah, while the Malaysian Bar was represented by Vivek Sukumaran and Aira Amira Anuar, who held a watching brief.
Following the proceedings, Vivek said that the Malaysian Bar viewed the Sosma Act as oppressive and contrary to the rule of law.
"We will observe the application of Sosma in this case, considering the remand history of the accused, and ensure that the trial is conducted in line with all applicable laws, in the interest of justice for both the accused and the prosecution," he said. -
20 suspected members of organised crime group charged at Klang Court
Wednesday, 29 May 2024
KLANG: The Klang Court complex was a hive of activity on Wednesday (May 29) when 20 suspected members of an organised crime group were brought in to be charged.
The men aged 26 to 51 were charged at the Sessions Court here under the Security Offences (Special Measures) Act (Sosma).
They were accused of being members of the TR Gang for the past five years.
The accused were N. Nithiyan (39), S. Logan (32), R. Parthipan (32), M.Keshava Nair (30), A. Balamurugan (40), VS Wilbert (46), M. Ramakrishnan (45), E. Mohan (34), M. Thanasekaran (44), Edward Liew (49), S. Manoraj (28), M. Amaran (30), S Hemanathan (31), K. Thana Seelan (38), K. Ravishankar(43), Muhammad Razi Abdullah (51), G. Deeneskumar (29), K. Venaigaraj (32), A.Kogilan (26) and M.Tineshkumar (26).
The charge was read to the 20 suspected gang members before judge Ahmad Faizadh Yahya.
No plea was recorded as Sosma comes under the jurisdiction of the High Court.
The charge was framed under Section 130V (1) of the Penal Code. - Star, 29/5/2024
28 charged with being ‘Geng 08 GST’ members
The men, who had all been arrested under the Security Offences (Special Measures) Act 2012, were charged under the Penal Code.
Among those charged were P Thanasegaran, 46, K Saravanak Kumar, 36, S Selvamogan, 44, N Yogeswaran, 41, N Ganesan, 43, R Raja Kumar, 39, Aziz Latip Hasannar, 42, N Chandran, 37, B Vinot, 27, K Selvam, 38, and P Tachana Moorthy, 36.
The others were S Vekneswaran, 36, M Saravanan, 40, V Elengo Van, 36, V Thinagaran, 28, M Eswaran, 33, S Navin ,29, S Kali Muthu, 44, B Moganraj, 30, A Poobalan, 29, N Vijendran, 37, K Punitharajan, 26, R Devandran, 35, R Vengateswaran, 26, Tan Eng Sun, 22, P Sathteswaran, 23, G Gananathan, 23, and H Arvind, 24.
No plea was recorded after the charge was read before judge Nurul Mardhiah Mohammed Redza as they were all arrested under the Security Offences (Special Measures) Act 2012, which is under the High Court’s jurisdiction.
They were charged with becoming members of “Geng 08 GST” at the Tin Mine, Kalumpang, Hulu Selangor here, between January 2019 and June 23 this year.
The charge, framed under Section 130V(1) of the Penal Code, carries a jail term of up to 20 years, if found guilty.
All of them were not allowed bail and were taken to the Sungai Buloh Prison.
The prosecution was conducted by deputy public prosecutors Iskandar Ahmad, Ahmad Shafiq Hasim, Khairul Azreem Mamat and Yong Ching Hong.
The lawyers appearing for the accused were Geethan Ram Vincent, R Thinalan, David Gurupatham, JM Mark, K Shalvin, Hanif Hassan, PS Doal and Mujahidah Almukimah Fakhfurazi.
The court set Aug 22 for mention. - FMT, 19/7/2022
PUTRAJAYA: The home ministry has identified 49 groups that are allegedly operating as criminal gangs.
“These organisations or secret societies are organisations involved in activities detrimental to the peace of society like drug trafficking, extortion, fights and murder using firearms or sharp objects,” said ministry secretary-general Datuk Seri Abdul Rahim Mohamad Radzi.
The banned organisations include well-known gangs like Gang 04, Gang 08, Tiga Line and Gang 36.
They are deemed illegal under Section 5 (1) of the Societies Act 1966 as of Wednesday. As such, the groups cannot be re-registered, and their accounts and assets will be passed on to the department of insolvency.
“No one is allowed to operate under these groups as they could be charged both under the Registration Act or the Penal Code, and no one can reproduce logos or signs of these banned groups,” Rahim told a press conference yesterday.
He said a total of 40,313 people are registered members of these groups nationwide, of whom 1,923 are Malays, 8,214 Chinese, and 28,926 Indians. Another 329 people are based in Sabah and 921 in Sarawak.
Although many of the gangs are dominated by a single race, there were multiracial gangs as well, he said.
Revealing more details, he said Gang 04 (established in the 1980s) was involved in murder, drug distribution and car repossessing. Operating in Kedah, Penang, Johor and Kuala Lumpur, the gang members also serve as car park attendants and club bouncers.
There is also Gang 08 (established in the 1970s) which is involved in drug distribution, operating car parks and collecting protection money, and operates in Kuala Lumpur and Selangor. Both these groups have predominantly Indian members.
Two other groups in the banned list — Tiga Line and Gang 30 — are involved in drug distribution, among others.
Rahim said the ministry hopes that in naming the 49 groups, the people will become more vigilant and assist the authorities in providing information that will facilitate investigations.
The police will reveal the logos and symbols of these banned groups at a later date.- Edge, 30/8/2013
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