Section 13 (1) SOSMA states that Bail shall not be granted to a person who has been charged with a security offence.
These means ALL charged with 'security offences'(as listed in SOSMA) are denied BAIL(Few exceptions for the sick, etc...). Even the prosecutor and the courts have their hands bound by Parliament and this is not right ....This is YET ANOTHER REASON WHY SOSMA MUST BE ABOLISHED
They have already been charged and are awaiting the completion of their trials. Persons who are being held in detention( by reason of not being qualified for BAIL) should really have their trials expedited....
Have the UMNO-BN government in the past purposely been delaying trials ...so that they can keep some of these accused for a long time? Is Pakatan Harapan also doing the same ....They could have immediately repealed SOSMA - and all these persons now detained awaiting their trial to be over ...would at least have the chance to apply for BAIL(whether the judge will grant them BAIL or not is up to the Judge)...
REMEMBER...all persons are presumed 'innocent' until proven guilty in a court of law. Now, at the end of their trial, many may be found NOT GUILTY....and, a great injustice would have befallen them - time in detention without BAIL, time away from family and children, time away from work and business, the impact suffered by family and children...HOW CAN IT BE COMPENSATED? How many YEARS would they have lost...WHERE IS JUSTICE?
SOSMA can only be used for 'security offences' and these security offence is only those offences listed in Schedule 1 of the ACT(SECURITY OFFENCES (SPECIAL MEASURES) ACT 2012) {see the said Schedule below - and see what offences SOSMA CAN BE USED FOR )
Section 2 - Application :- This Act shall apply to security offences.
Section 3 Interpretation In this Act, unless the context otherwise requires-"security offences" means the offences specified in the First Schedule; What doed the First Schedule say _
(i) Offences under Chapter VI (ii) Offences under Chapter VIA (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].
Therefore what is Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin even talking about those being charged under Societies Act?
SOSMA cannot be used if you are just charged under Societies Act....only can be used if you are also charged maybe under Chapter VIB - Organised Crime [Section 130U to 130ZC)
Now, SOSMA with regard to BAIL says this in Section 13
(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.
When a person is generally denied Bail, or alternatively still in detention because cannot afford Bail, JUSTICE demands that their trials are speeded up....
Under SOSMA, which is not a DETENTION WITHOUT TRIAL LAW, you will charged in court and your case will be tried in court. However, if you get charged for any of the 'security offences' listed in the First Schedule of SOSMA - you will have no chance of applying for Bail and getting bail, meaning that you end up spending locked up in detention until your trial is over....[Bail generally is granted for all offences, save the most serious ...but even then Bail may be possible if the Judge decides so as it has been granted even when one is charged for murder...]
Bail is denied(or revoked) if one does not turn up in court, or maybe is 'threatening' witnesses, or even may run away from the country(nowadays a simple bail condition of having to surrender their passport will do...)
"The attorney-general, in his capacity as public prosecutor, is considering whether his chambers can amend the charges against the detainees," Hanipa said in a statement today.
It will involve 442 detainees who are being probed under Section 43 of the Societies Act 1966 for being members of an unlawful society, as well as Sections 141 to 158 of the Penal Code for offences against public tranquillity.
"This process will take some time and has to be on a case-by-case basis," Hanipa said, adding that the public prosecutor will give priority to female offenders and juveniles, the sick or infirm detainees.
"When amended charges are made, the accused can either plead guilty to them or claim trial. In the event these offenders claim trial to the amended charges, bail may be applied by them, and it is in the discretion of the court whether or not to grant bail."
Those accused of these 'security offences' are being denied BAIL - TELL US - how many persons have been so denied bail - and how many have been charged for each such offences. TELL US - how long these persons have been detained and what is the status of their trial...
TELL US from your investigation, how many of these trials have been delayed unnecessarily ....HOW MANY HAVE BEEN TRIED AND FOUND NOT GUILTY?
How many just pleaded GUILTY ..? Faced with a prolonged detention until the trial proper is over - and then possibly until all Appeals are over, many will do the SMART thing and plead guilty, especially if the charge carries a low acceptable sentence...Prosecution may also AGREE to amend charges IF you plead GUILTY...Such 'tricks' by prosecution conceals wrong actions by police/prosecution in arresting and charging one who is INNOCENT in the first place...
Should the AG amend charges so persons accused will be tempted to plead GUILTY? So that what the AG is planning ...amend the charge...tempt the accussed to plead guilty ...or the ALTERNATIVE have your trial but spend your time in prison(without Bail) until your trial is over. The right solution is to REPEAL SOSMA, and allow all the accused being charged the right to apply for BAIL - and let the courts decide...REMEMBER that until found guilty...all these persons are to be presumed innocent...
The RIGHT TO APPLY FOR BAIL is part of one's right to a Fair Trial - When Pakatan Harapan finally repeals SOSMA, then the many languishing in prison will finally get a chance to apply for Bail - and may have a chance to be re-united with their family - still having to turn up on their trial dates in courts....
Remember now NO BAIL even for that very unclear 'activity detrimental to parliamentary Democracy' offences(Chapter VI sections 124B - 124J)...yes that same one for which Maria Chin(former BERSIH Head, now MP) was arrested for. If Maria Chin was charged in court - would mean that Maria too will be denied bail - and will be languishing in jail today because that too are what SOSMA considers 'security offences'...
Some people in Pakatan Harapan are worried that some of these 'terrorists' and 'gangsters' will also be out on BAIL if SOSMA is removed...They are forgetting the presumption of innocence until proven guilty ...And, just because the police/prosecution believe that someone is GUILTY is irrelevant...the courts will decide...and there are so many cases where the court after a full trial have found people not guilty and acquitted them...
PLEASE Pakatan Harapan must not delay the abolition of SOSMA anymore....have you no pity for the many unnecessarily languishing in prison without BAIL just because they have been charged with what SOSMA considers 'security offence' ...This is not right...this is certainly against RULE OF LAW...
POCA and Detention Without Trial laws are worse ...there is no TRIAL ...and the innocent cannot even challenge the reasons for their detention/restriction
AG to consider amending charges on 442 Sosma detainees - Hanipa
Published: | Modified:
Attorney-general Tommy Thomas will consider amending the charges against 442 detainees under the Security Offences (Special Measures) Act 2012 (Sosma).
This announcement by Deputy Minister in the Prime Minister's Department Mohamed Hanipa Maidin came after detainees launched a hunger strike at the Sungai Buloh Prison, urging the government to repeal Sosma.
The 118 detainees agreed to end the hunger strike after meeting Hanipa on Aug 26.
"The attorney-general, in his capacity as public prosecutor, is considering whether his chambers can amend the charges against the detainees," Hanipa said in a statement today.
It will involve 442 detainees who are being probed under Section 43 of the Societies Act 1966 for being members of an unlawful society, as well as Sections 141 to 158 of the Penal Code for offences against public tranquillity.
"This process will take some time and has to be on a case-by-case basis," Hanipa said, adding that the public prosecutor will give priority to female offenders and juveniles, the sick or infirm detainees.
"When amended charges are made, the accused can either plead guilty to them or claim trial. In the event these offenders claim trial to the amended charges, bail may be applied by them, and it is in the discretion of the court whether or not to grant bail."
Sosma is a procedural law which sets out procedures for certain offences, the Sepang MP added.
However, Hanipa said, 22 detainees who are being probed for allegedly committing terrorism offences under the Penal Code are not going to have their charges amended.
"It is my view those cases are best left to be dealt with by the learned AG in accordance with his discretion pursuant to Article 145(3) of the Federal Constitution, until the cabinet makes a final decision with regard to Sosma," he added.
Thomas was reported to have said that Sosma would be abolished as promised by the Pakatan Harapan government.
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 TERRORISMSuppression 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
