PUTRAJAYA: After three and half years in remand, the Federal Court today allowed a former property agent to be freed on bail pending the outcome of his charge for a security offence.
A three-member bench chaired by Chief Justice Tengku Maimun Tuan Mat allowed Koh Chin Wah to be freed on the condition that he post a RM20,000 bail with one surety.
Tengku Maimun, who sat with Rohana Yusuf and Vernon Ong Lam Kiat, also ordered Koh to surrender his passport to the court and report to the nearest police station to his home once a week.
However, the bench refused the prosecution’s application to attach an electronic monitoring device.
The bench referred to Section 388 of the Criminal Procedure Code (CPC) to grant bail to Koh, 54.
Koh was charged with trafficking Taiwanese national, Peter Loo Chin Choy, using a Malaysian passport at the Kuala Lumpur Immigration Department on July 3, 2017.
He is charged under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, where if found guilty he can be sentenced to up to 15 years’ jail, fined or both.
Koh was denied bail in the High Court and Court of Appeal since the alleged offence is listed as a security offence under the Security Offences (Special Measures) Act (Sosma), a procedural law.
Earlier, counsel Rajpal Singh submitted that Section 13 of Sosma is inconsistent with Article 121 as it had removed the judicial discretion of the court to consider bail.
“The court can hear and decide to allow bail application even though an accused is detained under Sosma,” said Rajpal who was assisted by Harpal Singh.
He said Koh was innocent until proven guilty and was denied his liberty by being held in remand.
Rajpal said last year a High Court had ruled that judges can consider bail applications even if the accused is charged with a terrorism-related offence.
He was referring to Judge Mohd Nazlan Ghazali who said the judiciary, an independent arm of the government, exists to check any excesses by the legislature and executive.
“The principle of separation of powers is a hallmark of a modern state,” Nazlan had said in allowing the constitutional challenge brought by former Melaka executive councillor G Saminathan, who was charged alongside 11 others with supporting the Liberation Tigers of Tamil Eelam group.
Deputy public prosecutor Ku Hayati Haron objected to the bail application as Koh did not fulfil the exceptions under Section 13 (1) of Sosma.
The exceptions are that the accused must be persons below 18 years of age, a woman, or is sick or infirm.
Tengku Maimun said the bench was allowing Koh’s bail application under Section 388 of the CPC and asked the defence to discuss the terms and conditions before they broke for recess.
Rajpal later told FMT it appeared that the Federal Court today was in agreement with Nazlan’s ruling.
“However, they decided to utilise the general provision in the CPC to allow bail,” he added.
Harpal said Koh had been ordered to enter his defence and the trial will resume before Judge Colin Lawrence Sequerah on Feb 2.