Bar invites member lawyers to share info on Sosma cases

 

The Malaysian Bar has invited its member lawyers to provide information on ongoing court cases relating to the Security Offences (Special Measures) Act 2012 (Sosma).

In a circular dated June 6, the Bar’s Strategic Litigation Committee co-chairpersons Anand Raj and Vivekananda Sukumaran called on its members to share relevant information regarding Sosma cases that require the legal profession body’s involvement.

This followed on the heels of the Bar’s motion passed during its 78th Annual General Meeting on March 16, whereby it resolved to appear as amicus curiae (friend of the court) in Sosma cases.

Bar members unanimously passed the motion as it views Sosma to be “oppressive and against the rule of law”, whereby it urged the government to repeal the law, and that it would consider all possible actions, including the organising of a peaceful assembly to urge its repeal.

Sosma court proceedings allow the admission of evidence not permitted to be admissible in normal court proceedings by the Evidence Act 1950 and for the use of procedures different from those provided for in other criminal trials under the Criminal Procedure Code.

The provision permits the prosecution to apply for the court to allow witnesses to conceal his or her identity from the accused and his or her lawyers during a trial of a security offence.

If the trial court allows the prosecutors’ application, the witnesses can give oral evidence in such a way that only the presiding judge can see the said witnesses.

The court could even allow for such witnesses to give oral evidence during trial in a way that hides their voices from the accused and their lawyers.

Following the 2013 Lahad Datu armed intrusion, 104 Filipinos with suspected links to one of the claimants to the throne of the sultanate of Sulu, were detained under Sosma. - Mkini