Amendments will tackle crime, security threats

PLUGGING LOOPHOLES: Tougher sanctions show government resolve against syndicates

THE government yesterday kick-started its push for major amendments to several laws at the Dewan Rakyat to  deal with organised crimes, threats to  national security and public order as well as sexual offenders and spousal abusers.

It tabled first readings of an array of proposed amendments to the Criminal Procedure Code (Amendment) Bill 2013 and Prevention of Crime Act 1959 (PCA), as well as the Penal Code (Amendment) Bill 2013 yesterday.

Among the highlights were proposed amendments to the Criminal Procedure Code (Amendment) Bill 2013, with Minister in the Prime Minister's Department Nancy Shukri proposing that bail be disallowed for any member of an organised criminal group charged with committing a serious offence.

"Another proposed amendment seeks to disallow bail for members of any organised crime group charged with a non-serious offence upon the issuance of a certificate by a public prosecutor.

"It also seeks to allow evidence or reports given by an expert on activities, structure, ritual, ceremonies, hand signs, insignia, characteristic or any other matters relating to an organised criminal group to be admitted as evidence or conclusive proof of the facts."

Similarly, the bill also proposes that businesses of any organised criminal group be forfeited and any property seized be presumed illegal unless the owner can prove otherwise.

The government is also pushing for an amendment to allow the court to proceed with a trial and dispose off a case in the absence of the accused absconding midway through the trial.

"The argument behind this proposal is that an accused who absconds is deemed to have waived his right to be present during the trial and may not later apply to have part of the trial conducted in his absence to be re-opened, unless he is able to satisfy the court that, due to exceptional circumstances, it is in the interest of justice to re-open the proceedings," said Nancy.

The bill also seeks to secure better protection of witnesses, with special provisions allowing for evidence to be taken without a witness being seen or heard by the accused or his lawyers. It also seeks to allow for the witness' voice to be distorted to avoid detection.

The bill also seeks to increase the reward of a person who shows unusual courage in keeping public order from RM100 to RM1,000.

In the case of the PCA, the proposed amendments seek to introduce several new clauses, including the creation of a Prevention of Crime Board, that can issue an order to detain an individual for up to two years without trial.

At the end of the two-year period, the order can be renewed for another two years to ensure public order, public security or to prevent crime. Currently, the PCA allows for the detention of suspects without charge for up to only 72 days.

Under another proposed new clause, the detention period can run concurrently with any other jail terms that an offender has to serve. Also included was a proposed clause that the powers of detention without trial would be reviewed every five years, unless both the lower and upper houses of Parliament pass a resolution to extend its use.

The amendments to the bill, to be tabled for a second reading on Monday, also seeks to include a clause that makes it compulsory for suspects on conditional release to be attached with an electronic monitoring device.

Home Minister Datuk Seri Dr Ahmad Zahid Hamidi said he would explain the rationale behind the amendments.

"I will explain thoroughly at the Dewan. If other parliamentarians wish to debate on the matter, then I am all ears and will listen to all suggestions or discussions."

He said the proposed amendments were not tantamount to bringing back a law similar to the Internal Security Act (ISA). In 2011, the government abolished ISA 1960 and the Emergency Ordinance laws that allowed for detention without trial.

The Dewan also saw the first reading of proposed amendments to the Penal Code (Amendment) Bill 2013 that seeks harsher punishments for, among others, those who commit sexual, spousal abuse and vandalism.

-nst