What happened to the GISBH trials - that will prove that the allegations were TRUE, ...WHY has it not started yet?
GISBH(Global Ikhwan Services and Business Holdings) was a Malay(Bumiputra) business enterprise with business in Malaysia and many other countries - it could be the biggest most successful Malay business enterprise (which is said to have been developed without government assistance) - and it was the Malaysian government under Prime Minister Anwar Ibrahim that 'cracked down' and possibly 'destroyed' it - accounts were frozen, businesses all over the country ended up being shut down (In Temerloh, for instance so many different businesses have ceased operations). How many workers and those involved in these businesses have been affected - 10,000(or 100,000 or more) including families and children.
Additionally, 96 GISBH bank accounts were frozen, and four were closed, involving assets valued at over RM581,000.All kind of ALLEGATIONS made - but the ODD thing is WHY HAVE THE TRIALS yet to begin - the public is waiting for the trials, to know if all those allegations are really true - or was the 'crackdown' really for a different reason. Remember, any person is PRESUMED INNOCENT until they are accorded a FAIR TRIAL and the Court finds them GUILTY beyond reasonable doubt, and CONVICTS them... [Remember the Prosecution can only charge anyone when they verily believe that they have sufficient evidence to proof guilt beyond reasonable doubt...so, there should be NO DELAY in the commencement of trial - the need to complete investigation is not an acceptable reason for the delay]
Malaysia remembers OPS LALLANG where there were all kind of allegations forwarded by the government to justify the detention - but, now we know it was all baseless ...
Remember MEMALI - again there was all kinds of justification - then the truth showed that the allegation was baseless...
We need the GISBH TRIALS to start - the people need to be convinced that the allegations made by the police and various authorities are TRUE - do not delay the TRIAL - let Justice be done.
ALLEGATIONS include child abuse in children/welfare homes - the fact that one or 2 of the persons in these establishment committed child abuse crimes NO way justifies the making the COMPANY/GISBH guilty of the crimes. If UMNO or PKR members are convicted of crimes, does that make UMNO or PKR guilty of the crimes as well?
Child/Welfare homes - do these not come under the jurisdiction of some Ministry, and is not that Ministry and its officers responsible for law enforcement to ensure all is done in accordance to law? So, was there a FAILURE of government - why no public officers arrested, investigated or charged for the failings in duty - were they 'bribed' to close their eyes to non-compliance of the law? When a report/complaint or the authority becomes suspicious, are they not obligated to speedily investigate and take action on the suspected person/home - odd that the raids were on many homes at the same time? Was the DELAY cause for more victims? Surely, such homes require the needed license/permits to operate?
One other questionable crime - being a member of an organised crime group. When did GISBH become an organised crime group? Was it gazetted as an organised crime group - when? Or is it open to charge anyone as they please without there being a need of any prior gazette/order that such a group is an 'organised crime group' - and this makes it most unjust - and allows for State abuse of power? What crimes did this 'organised crime group' commit - has it already been proven, and if not - proof will be tabled during trial, and so will the list of crimes that makes this an 'organised crime group' is simply unjust...???
They were charged with being members of an organized crime group at a location in Bandar Country Homes, Rawang, between October 2020 and Sept 11, 2024. The charges were made under Section 130V(1) of the Penal Code, which provides for imprisonment of between five and 20 years upon conviction.
It would have been more JUST if they were charged for specific crimes - not a crime so VAGUE as being a member of an 'organized criminal group' for which one does not even know what CRIMES these 'organized criminal group' even committed? How does an accused even defend himself/herself when the charge is so VAGUE > Worse, there is a legal presumption as well - pushing the burden of proving that he/she is not a member of such an 'organized criminal group"?
130V Member of an organized criminal group
(1) 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.
(2) Until the contrary is proved, a person shall be presumed to be a member of an organized criminal group where-
(a) such person can be identified as belonging to an organized criminal group; or
(b) such person is found with a scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons Act 1958 [Act 357].
Was there a BAD INTENTION on the part of the State to charge them for this offence, knowing that it is a SOSMA listed offence, which means BAIL can be denied - forcing them to languish in detention until the trial begins and ends...? I looked at cases of persons charged with this offence - but I did not find any case where there was a TRIAL and I could not find any - most cases was about denial of Bail, and cases where the accussed pleaded Guilty - possibly because the delay in commencement of trial and having to languish indefinitely in detention without BAIL may have forced innocent persons to plead guilty just to have some certainty when they can be free after serving whatever sentence - THUS, it makes this a DRACONIAN piece of legislation, that can be easily abused by State. It must be repealed. In the GISBH, all have claimed trial - and the trial is still to start...
With regard to GISBH - one issue was they practiced a deviant Islam - but then the FATWAs against GISBH was just issued - but then there is a Constitutional guaranteed protection against retrospective criminal laws - no one can be punished for crimes that were not crimes when it was committed. So, it was not a crime if it was done before the FATWA was issued making GISBH a deviant muslim group...
7 Protection against retrospective criminal laws and repeated trials
(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.
Was GISBH made a 'organized criminal organization' because of these FATWAs?
Consequently, on Oct 3, the Sultan of Selangor, Sultan Sharafuddin Idris Shah, approved the fatwa issued by the state’s Fatwa Committee, declaring that the leaders, followers, workers, or members of GISBH and its network deviated from the true Islamic faith. The same fatwa was issued in Pahang, Perlis, Negeri Sembilan, Sabah, Melaka, Perak, and Penang, followed by a similar decision by the National Council of Islamic Religious Affairs on Nov 14.
What makes GISBH an organised criminal group?
Since, the crackdown, how many leaders, followers, workers, or members of GISBH and its network have been charged and convicted for being Islamic deviants by the various State Syariah Courts? This is an important issue...
For Justice to be done, we need SPEEDY TRIAL - which should be completed fast, as the accussed (presumed innocent) languish in Detention without BAIL until the trial is over. Don't make DELAYING TRIAL a tactic to 'force' the innocent to plead guilty..
In 2017, statistics suggest that 29.8%(17,663) of those in Malaysian prisons are 'pre-trial/remand prisoners - How long will they have to spend in prison? And, if they are found to be innocent after their trial, a GREAT INJUSTICE. INajib do not have to spend time in prison awaiting trial - but about 17,000 have to? NOT JUST? REFORMS needed.
In mid-2021, about 41.7 percent of persons in Malaysian prisons are yet to be tried, convicted and sentenced, according to World Prison Brief, who obtains information from Malaysian government sources. 40% (or 30,000) innocents, not yet tried and convicted, are in Malaysia’s overcrowded prisons of about 76,336 inmates - A travesty of justice.(MADPET)
IMMEDIATELY commence the TRIAL of persons who are pre-conviction detainees in Malaysian prison, or alternatively DNAA all of them (as they can all be re-charged once the prosecution and courts are ready to start and complete trials speedily)
GISBH - Was it an ABUSE OF POWER, for if not, speedily start the trial and prove them in a FAIR TRIAL to be guilty beyond reasonable doubt..
see earlier related posts:-
9/11 GISBH - What is happening? Are the actions in accordance with law? PAS raises concern about unfair targetting of business premises?
Is 'feelings' about GISBH's alleged 'religious deviation' prejudicing the Government and Police in the possibly 'overboard' pre-conviction 'punishments'/actions?
GISBH - SOSMA abuse? Only can be used when one is suspected of SPECIFIC 'security' offences listed? Child and religious exploitation are NOT such 'security offence"? So, what is the offence? Tell us PM,IGP or government..
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)
Repeal AMLA Draconian Provisions - ONLY Court should make ORDERS related to criminal administration of justice - not police, enforcement agency, Minister or prosecution.
GISBH should not be considered an ‘organized criminal group’ like Triads and crime gangs that commit serious offences of violence, murder, etc....???
TEACHER(cum Caretaker), who caned child for littering, etc, UNJUSTLY sentenced to 10 years? If he had nothing to do with GISBH, would his sentence be much lower?
2024 in review: GISBH raids expose dark secrets of alleged child exploitation and Al-Arqam ties
KUALA LUMPUR, Dec 24 — Three decades after the teachings of Al-Arqam were declared deviant in 1994, the nation was once again abuzz with controversy following allegations surrounding GISB Holdings Sdn Bhd (GISBH), an organisation reportedly linked to the group.
GISBH,
known for its extensive business network comprising restaurants, hotels,
clinics, and tahfiz centres, came under scrutiny this year after raids
uncovered books associated with Al-Arqam’s teachings.
Authorities also investigated allegations of exploitation, abuse, and other crimes, based on reports from individuals claiming to be victims.
The controversy surrounding GISBH broke out when the Malaysian Centre for the Study of Deviant Teachings (PUKAS) claimed the company was linked to alleged cult activities, via its Facebook page on Aug 16.
Subsequently, the Perlis Mufti Datuk Dr. Mohd Asri Zainul Abidin raised issues of purported violence and cruelty within the group, urging an investigation and intervention by the authorities.
Based on reports and intelligence, the Royal Malaysia Police (PDRM) launched the first phase of Op Global in early September, conducting raids on 20 charitable homes believed to be linked to GISBH in Selangor and Negeri Sembilan.
A total of 402 individuals, comprising 201 boys and 201 girls aged between one and 17, were also rescued. Among them were 10 children with disabilities, including autism.
The rescued children were sent to the Police Training Centre (Pulapol) in Kuala Lumpur for health screenings, which revealed that 392 of them showed signs of suspected neglect and abuse, with both physical and emotional harm.
However, GISBH released a statement denying allegations of exploiting children for labour, asserting they would not engage in such activities that violate the law, especially in matters concerning children.
The issue also drew the attention of the King, His Majesty Sultan Ibrahim, who ordered the PDRM to conduct an immediate and thorough investigation into allegations of child abuse and mistreatment. Prime Minister Datuk Seri Anwar Ibrahim similarly called for swift action on the case.
The ensuing police investigation led to the remand of numerous individuals to assist in the inquiry, including senior management members, their spouses, several GISBH leaders, and the son of former Al-Arqam leader Ashaari Mohammad.
Additionally, 96 GISBH bank accounts were frozen, and four were closed, involving assets valued at over RM581,000.
Multiple investigation papers were initiated under the Child Act 2001 (Act 611); the Sexual Offences Against Children Act 2017 (Act 792); the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670); the Penal Code (Act 574), and other applicable laws.
In the fourth phase of Op Global, authorities raided GISBH premises across several states, seizing pamphlets and documents allegedly associated with Al-Arqam teachings contrary to Islamic principles, along with various items linked to superstitious practices.
In a separate operation in Kelantan, authorities raided three houses in Kampung Panji, suspected to be the residences of GISBH’s CEO and his family.
Various Al-Arqam doctrine-based books and documents were discovered buried near a riverbank, with some reportedly burned.
Consequently, on Oct 3, the Sultan of Selangor, Sultan Sharafuddin Idris Shah, approved the fatwa issued by the state’s Fatwa Committee, declaring that the leaders, followers, workers, or members of GISBH and its network deviated from the true Islamic faith.
The same fatwa was issued in Pahang, Perlis, Negeri Sembilan, Sabah, Melaka, Perak, and Penang, followed by a similar decision by the National Council of Islamic Religious Affairs on Nov 14.
By Oct 10, police had initiated 97 investigation papers covering numerous offences, including under Section 130V of the Penal Code, the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, and the Sexual Offenses Against Children Act 2017.
Other related laws involved the Child Act 2001, Sections 354 and 506 of the Penal Code, the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, and the Child Care Centre Act 1993.
On Oct 23, GISBH CEO Datuk Nasiruddin Mohd Ali and 21 others were charged in the Selayang Sessions Court under Section 130V (1) of the Penal Code with being members of a criminal syndicate, which carries a prison sentence of between 5 and 20 years upon conviction.
On Dec 23, the Selayang Sessions Court transferred the case to the Shah Alam High Court.
As of the time of writing, 625 victims, ranging in age from two months to 28 years, have been rescued since Op Global began in September.
The police are still carrying out investigations, particularly involving followers and GISBH premises abroad. — Bernama, Malay Mail24 Dec 2024
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