KAJANG: The Shah Alam High Court on Monday (March 24) dismissed the application by GISB Holdings Sdn Bhd (GISBH) chief executive officer Datuk Nasiruddin Mohd Ali and 12 others who are facing charges of being members of an organised crime group to be allowed bail.
Apart from Nasiruddin, 66, the 12 others are Mohammad Adib At-Tamimi, 33, who is former Al-Arqam founder Ashaari Muhammad's son; Mohd Shukri Mohd Noor, 54; Muhammad Afdaluddin Latif, 35; Mohamad Sayuti Omar, 36; Mohd Fazil Md Jasin, 58; Mohd Dhirar Fakhrur Razi, 35; Mokhtar Tajuddin, 61; Muhammad Fajrul Islam Khalid, 29; Abu Ubaidah Ahmad Shukri, 35; Shuhaimi Mohamed, 57; Hasnan Abd Hamid, 54; and Muhammad Zahid Azhar @ Nadzri, 52.
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However, the court allowed the application for bail by eight women, namely Nasiruddin's wife, Azura Md Yusof, 58, Nurul Jannah Idris, 29; Nur Jannah Omar, 33; Siti Salmiah Ismail, 58; Asmat@Asmanira Muhammad Ramly, 45; Siti Hajar Ismail, 52; Khalilatul-Zalifah Mohammad Jamil, 28 and Mahani Kasim, 55.
Each of them was allowed bail of RM40,000 with two sureties.
Judge Latifah Mohd Tahar, in dismissing the applications by Nasiruddin and 12 others, said the applicants failed to meet any of the conditions as provided for in Section 13(2) of the Security Offences (Special Measures) Act (Sosma) 2012.
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She said seven of the applicants, namely Nasiruddin,66, Mokhtar, Hasnan, Mohd Fazil, Shuhami, Muhammad Zahid and Mohd Shukri, were not under the age of 18 and did not fall into the exemption category as stipulated in the section, in addition to there being insufficient evidence in the applicants' affidavits showing that they had health problems.
"Most of the applicants reported having illnesses including diabetes and high blood pressure and are taking medication provided by the medical authorities.
"The latest health report provided by the medical officer at the Sungai Buloh Prison Health Clinic showed that the applicants' health condition was stable.
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"When attending for a health check-up, the applicants were able to walk on their own without any disability, showed no signs of difficulty breathing and could carry out their daily lives independently," said the judge at the proceedings held at the Kajang Prison Complex here.
As for the other six applicants, there was no evidence to show that they were sick or infirm while the latest health report found that they were in good condition and stable and did not have any chronic diseases and could carry out their daily activities independently.
Meanwhile, Judge Latifah, in allowing the applications by the eight women, said that they fell under the exemption category stipulated under Section 13(2)(b) of Sosma.
"There was no evidence in the respondent's (public prosecutor) reply affidavit that showed that the applicants had a risk of absconding. The affidavit only states that there is a very high probability risk for the applicants to contact or meet with witnesses or victims who are feared to have the potential to be influenced by the applicants.
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"However, the applicants have given an undertaking not to meet or contact the witnesses, if bail is granted. Taking this into account, the court exercises its discretionary power as provided in the (Sosma) act to grant bail to all the applicants," said the judge.
She allowed the applications by the eight women and set their bail at RM40,000 with two sureties each.
They are also required to report themselves at a nearby police station every two weeks and to appear in court on every date set.
They are also not allowed to disturb any of the witnesses in the case.
"If they fail to comply with any of the bail conditions, the court may issue an arrest warrant, the bail may be confiscated or increased and revoked and they may be sent to prison pending the disposal of the case," she said.
All of them were charged in the Selayang Sessions Court on Oct 23 last year with being members of an organised crime group at a premises in Bandar Country Homes, Rawang, between October 2020 and Sept 11, 2024.
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They were charged under Section 130V(1) of the Penal Code, which carries a prison sentence of between five and 20 years upon conviction. The case was later transferred to the Shah Alam High Court for trial.
On Jan 13, the Shah Alam High Court granted Hamimah bail of RM40,000 with two sureties, subject to a prohibition on contacting prosecution witnesses, surrendering her passport to the court, and reporting to the Kajang district police headquarters every two weeks until the trial concludes. - Bernama
