Businessman jailed a year, but walks out a free man

 

The Court of Appeal ruled that businessman S Subramaniam is deemed to have served his jail term as a remand prisoner.

PUTRAJAYA: A businessman, who had been remanded for 463 days, was today sentenced to a year’s jail by the Court of Appeal for being a “Kabali Gang” member, an illegal organisation under the Societies Act.

S Subramaniam, 54, however, walked out a free man as he is deemed to have served his jail term as a remand prisoner.

Justice Vazeer Alam Mydin Meera, who led a three-member bench alongside Justices Ahmad Zaidi Ibrahim and SM Komathy Suppiah, said Subramaniam’s custodial sentence would begin from the date of his arrest on Dec 12, 2019.

“We allow the prosecution’s appeal to set aside a RM3,000 fine and substitute it with a jail term,” he said.

In 2022, the High Court in Seremban fined Subramaniam but waived the payment because he had spent time in jail.

Deputy public prosecutor Zaki Asyraf Zubir today submitted the trial judge erred in meting out the sentence as it was not allowed under the law.

Subramaniam was initially charged on Jan 8, 2020 under Section 130V (1) of the Penal Code with being a member of an organised criminal group.

Police had relied on the Security Offences (Special Measures) Act 2012 to detain him until the conclusion of the trial as the breach under the Penal Code is said to be a security offence.

However, Subramaniam obtained bail on medical grounds after spending 463 days at Temiang prison in Seremban.

On Dec 13, 2022, he pleaded guilty to an alternative charge of being a member of an unlawful society.

S Karthigesan, K Kanagavalli and R Thamayanthy represented Subramaniam. - FMT