The attorney-general (AG) has the power to choose the High Court for the trial of 13 individuals charged with the kidnapping of a Palestinian man for hacking purposes nearly two years ago.
The three-person Court of Appeal panel today unanimously ruled that prosecutors under the AG are constitutionally empowered to choose the criminal trial venue against the 12 men and a woman.
The 13 individuals were accused of kidnapping Omar Z M Albelbaisy Raeda in September 2022, to force him to deactivate computer software and hack into mobile phones.
“We view the prosecutors’ power under Article 145 of the Federal Constitution is quite wide to initiate (criminal) cases at any court except syariah and military courts,” bench chairperson Che Mohd Ruzima Ghazali said.
On behalf of member judges Azman Abdullah and Azmi Ariffin, Ruzima ordered the Kuala Lumpur High Court to conduct a full trial of the case.
The prosecution was appealing against the High Court’s decision late last year to transfer the case to the Kuala Lumpur Sessions Court.
Chronology of events
The 13 accused were first charged at the Kuala Lumpur Magistrate’s Court in October 2022, when Section 3 of the Kidnapping Act 1961 contained an optional death penalty.
The case was transferred to the High Court, which was empowered to hear criminal cases punishable by death.
However, early last year, Parliament amended the act to remove the optional death sentence, leaving only life imprisonment and whipping. The High Court then sent the kidnapping case to the Sessions Court.
The 12 accused men are Edy Ko’im Said, 42, Mohamad Norakmal Hassan, 43, Dody Junaidi, 44, Tengku Arif Bongsu Tengku Hamid, 41, Mohamad Naziree Mustapha, 41; Faizull Hardey Mohd Isa, 42; Muhammad Iqmal Abdul Rahis, 27; Mohamad Sufian Saly, 25; Muhammad Al Hatim Mohd Fauzi, 23; Raibafie Amdan, 41; Mohd Zaidi Mohd Zain, 56, and Tengku Hazarul Ismail Tengku Hamid, 51.
The accused woman is 36-year-old Nidarahayu Zainal.
They allegedly perpetrated the kidnapping at Jalan Mayang, Kuala Lumpur.
Deputy public prosecutor Tetralina Ahmed Fauzi led the prosecution today. - Mkini
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