Defence lawyers in the Sosma case involving 33 detainees today objected to the testimony of an investigating officer as the details in the report are irrelevant to the case trial being held at the High Court in Sungai Petani, Kedah.
They argued that the details of the report by inspector Theodore Peter Dien, a senior narcotics investigations officer from the state police headquarters, are the same as a drug case pending at the High Court in Alor Setar.
Judge Chan Jit Li instructed the lawyers to file a joint submission on their objection in two weeks and she will decide on Feb 6, next year whether or not to allow the officer to testify in court.
The 33 detainees were picked up between Sept 20 and Sept 26, 2020, and were later charged under Section 130v(1) of the Penal Code for being members of an organised crime group - a charge which carries a maximum imprisonment of 20 years.
Lawyer Burhanudeen Abdul Wahid said the drug charges were fixed for a hearing on July 13, next year.
Rafeal Abdullah Prabakaran, who is representing one of the accused, said it was acceptable for the investigation officer to mention that the accused were involved in a drug charge, but revealing other details of the drug charge in this court was irrelevant.
The lawyers argued that all their clients arrested under Sosma are also facing charges under the Dangerous Drugs Act 1952.
The Sosma detainees who were nabbed in September 2020 are currently on trial at the High Court in Sungai Petani over charges under Section 130v(1) of the Penal Code for being members of an organised crime group.
Unhappiness over delay
During today’s hearing, Burhanudeen accused officer Norashikin Sharani of lying in her report and to the court about the arrest of two detainees.
The court fixed April 19 and 20 and May 17, 24 and 25 next year for a hearing.
The wives of detainees have expressed their unhappiness to their lawyers on the new dates and the delay of the cases.
They said it has been 28 months but only a few days of court hearings were conducted.
The prosecuting team comprised deputy public prosecutors Mohd Sabri Othman, Nur Ainaa Ridzwan, Shamsiah Maibon and Saifuddin Rafiee.
Apart from Burhanudeen and Rafeal, the other defence lawyers involved are RSN Rayer, C Shanmugiah and K Kumarendran.
Rayer, who is acting for 18 detainees, said he has made representations to the Attorney-General’s Chambers to consider an alternative charge of Section 43 of the Societies Act 1966, which carries a maximum of three years in jail, RM5,000 fine or both.
This was after 10 former members of the Kabali Gang were sentenced to 18 months in jail, after pleading guilty to an alternative charge of being members of an unlawful society, in Seremban last week. They had been in remand since 2019.
Previously, Malaysiakini reported that Sosma detainees in Kajang Prison, who were subsequently charged under the Penal Code, have been remanded since June while awaiting trial. Some have trial dates set in 2024.
The Anwar Ibrahim administration is under pressure from human rights groups to review Sosma, which they say is draconian and allows for lengthy and arbitrary detention without trial.
They also called for a review of the law to allow bail, so detainees do not languish for years in prison without being convicted. - Mkini
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