The Federal Court today quashed the conviction and seven-year jail sentence of a former police corporal for alleged concealment of terrorism-related information from the authorities.
In a brief unanimous ruling, the five-member bench led by Federal Court judge Alizatul Khair Osman Khairuddin acquitted and discharged Jusninawati Abdul Gani (above), 38, after allowing her appeal on a technicality.
The other judges on the panel were Mohd Zawawi Salleh, Idrus Harun, Rohana Yusuf and Tengku Maimun Tuan Mat. The prosecution was represented by DPP Faizah Salleh.
The outcome was confirmed by Jusninawati's lawyer Nik Zarith Nik Mustapha who said the apex court accepted the appellant's submission that the High Court had erred in convicting and sentencing her under Section 130M of the Penal Code.
Under Sections 130C to 130L, the Code criminalises the intentional withholding of information to the relevant authorities on terrorism-linked acts by a legally-bound person.
Those found guilty face a maximum seven-year jail sentence, a fine or both.
Nik Zarith said the gist of their submissions was that Jusninawati should not have been found guilty as she did not fulfil the requirements of being an accountable person under Section 13 of the Criminal Procedure Code and Sections 3 and 20 of the Police Act 1967.
The sections deal with whether the appellant was accountable to legally share information on terrorism-related activities with the authorities.
"She (Jusninawati) and her family are greatly relieved by the verdict and she has already been released (from prison) today (following the Federal Court ruling)," Nik Zarith said.
In a Twitter posting, PKR vice-president Rafizi Ramli lauded Jusninawati's acquittal and extended his appreciation to her lawyers Farida Mohamad and Nik Zarith for representing her.
In the same posting, Rafizi also enclosed a link to a Malaysiakini Bahasa Malaysia article entitled “Sosma: Kerana secangkir kopi, sekeping gambar” which was published on May 18, 2016.
The article quoted Rafizi, who was National Oversight and Whistleblowers Centre's (Now) executive director, expressing concern over Jusninawati being denied adequate legal representation when she was arrested under the Security Offences (Special Measures) Act 2012 (Sosma).
Jusninawati, who was based at the Petaling Jaya district police headquarters, was charged with committing the offence at that headquarters between August 2015 and March 22, 2016.
On Dec 6, 2016, the High Court found her guilty and sentenced her to seven years in jail to run from her date of arrest on March 22 that same year.
The Court of Appeal upheld the verdict on Nov 8, 2017. - Mkini
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