PUTRAJAYA: The Court of Appeal today dismissed bail applications by two businessmen who are facing charges for being members of an organised criminal group.
Go Boon Keong, 43 and Wong Teck Meng, 38, who are said to have an association with “Geng Jackie” in Johor Baru allegedly committed the offence between November 2017 and November last year.
Police arrested the two for investigations under the Security Offences (Special Measures) Act (Sosma) that allowed suspects to be detained up to 28 days.
Prosecutors relied on Sosma to deny Go and Wong bail pending the outcome of their trial.
Their lawyers said there were exceptions in Section 13 of Sosma that bail could be provided to persons below 18 years of age, to women, or to a sick or an infirm person.
The High Court threw out their bail applications in September and they filed a fresh motion in the Court of Appeal.
Today Judge Yaacob Md Sam, who chaired a three-member bench, said upon careful consideration of the written and oral submissions, they were in agreement with the prosecution.
He said the bench was of the opinion that any other construction to Section 13 would result in nullifying the purpose and the provision rendered “otiose and ineffective”.
Yaacob, who sat with judges P Ravinthan and Ahmad Nasfy Yasin, said it was expressly clear that the bail under Section 13 was meant to prevail over the general provisions of bail in Section 388 of the Criminal Procedure Code (CPC).
“Therefore, we are of the view that both applications had no merit,” he said.
In Wong’s case, the bench said the reasons given was insufficient for the court to exercise its discretion under Section 13(2) of Sosma.
“Even if we have to use Section 388 of the CPC, still we find that there are still no good reasons to allow a bail on the appellants,” he added.
Wong had cited medical grounds while Go said he is entitled to be free on bail as the court have yet to make a finding of guilt.
On the issue that Section 13 was against the equality clause in the Federal Constitution, Yaacob said they were not in agreement with the submission made by lawyers for the two.
“We are of the view that Section 13 is good and a valid law made pursuant to Article 149 of the constitution,” he said.
Article 149 allows Parliament to enact laws against subversion and action prejudicial to public order.
Deputy public prosecutors Mohd Dusuki Mokhtar and Mohd Azmi Mashud represented the prosecution.
Lawyer Freda Sabapathy, Foo Fang Leong and K Veeranesh Babu appeared for the two men.
Freda said she has instruction to take this matter to the Federal Court.
“We want certainty and finality on bail when Sosma is used against those arrested for organised crime,” she told FMT.