KUALA LUMPUR: The prosecution objected to the bail application of 13 men and one woman charged with kidnapping a Palestinian man to obtain information on mobile phone hacking software.
Kuala Lumpur's director of prosecutions, Datuk Badius Zaman Ahmad, contended that the prosecution opposed the application because the offences committed by all the accused are serious and of significant public interest, involving matters of national security and international implications.
"The prosecution is not making these accusations lightly; there is relevant and strong evidence in this case, including closed-circuit television footage, proof of transactions, and communications. They also pose a flight risk if the court grants bail," he submitted during the bail hearing before High Court Judge K. Muniandy.
Handling the case with deputy public prosecutor Mohd Sabri Othman, he added that if all the accused were released on bail, there is a possibility that prosecution witnesses and the victim could be intimidated by them, as some of the accused have family ties with the victim.
Lawyer Norma Goh Kim Lian, representing 10 of the 14 defendants, argued that the case does not involve violence or injury, nor ransom and that her clients do not know the victim or have any relationship with him.
"Therefore, the defence requests that all the defendants be granted bail, as they pose no risk of fleeing or failing to appear in court, and they are willing to comply with any conditions the court may impose if bail is granted," said the lawyer.
Goh represents Mohamad Norakmal Hassan, Dody Junaidi, Tengku Arif Bongsu Tengku Hamid, Mohamad Naziree Mustapha, Faizull Hardey Mohd Isa, Muhammad Iqmal Abdul Rahis, Mohamad Sufian Saly, Mohd Zaidi Mohd Zain, Tengku Hazarul Ismail Tengku Hamid, and Mohd Azwan Jamaludin, who are all aged between 25 and 56 years.
Meanwhile, lawyer Wan Muhd Ariff Ameer Wan Normazlan, representing Raibafie Amdan, 41, said his client is the sole breadwinner and the husband of female defendant Nidarahayu Zainal, 36. They have three school-age children who are currently being cared for by their aunt.
Nidarahayu’s lawyer Muhammad Amin Abdullah, also requested bail, arguing that his client did not pose a flight risk since her passport had been confiscated by the police.
Lawyers Adi Zulkarnain Zulkafli and Navinjit Singh, representing Muhammad Al Hatim Mohd Fauzi, 23, and Edy Ko'im Said, 42, respectively, also requested bail for their clients.
Judge Muniandy then scheduled Oct 3 for the decision on the bail application.
In October 2022, 13 individuals were brought before the Kuala Lumpur Magistrate's Court on charges of jointly detaining the victim, 31, to obtain confidential information regarding the creation and deactivation of software used for hacking mobile phones.
They were accused of committing the offence at Jalan Mayang at 10.40pm on Sept 28, 2022, and charged under Section 3 of the Kidnapping Act 1961, read together with Section 34 of the Penal Code.
The charge carries a minimum prison sentence of 30 years and a maximum of 40 years, along with caning, upon conviction.
On Aug 7, the Court of Appeal ruled that the case would be heard in the High Court rather than the Sessions Court.
At the start of Thursday's (Aug 22) proceedings, Mohd Azwan pleaded not guilty to the charge. - Bernama
