Appellate Court remits Palestinian kidnapping case to High Court

A three-judge panel, chaired by Justice Datuk Che Mohd Ruzima Ghazali, allowed the appeal by deputy public prosecutor (DPP) Tetralina Ahmed Fauzi against the Kuala Lumpur High Court's decision to remit the case to the Sessions Court.

"This is our unanimous decision. According to Article 145 of the Constitution, the DPP has discretionary power to conduct any proceedings for any offense, except before the Syariah Court and the military court.

"Under this provision, the DPP can proceed with this case in the High Court at their discretion. Additionally, under Section 177A of the Criminal Procedure Code, the DPP argues that there is no reason to transfer the case to the Sessions Court.

"Therefore, the DPP's appeal is allowed, and this case will be remitted to the High Court. The court also sets Aug 14 for the next mention of the case in the High Court," said the judge, sitting alongside Justice Datuk Azman Abdullah and Datuk Azmi Ariffin.

In Oct 2022, twelve men and one woman were charged in the Kuala Lumpur Magistrate's Court for jointly detaining Omar Z. M. Albelbaisy Raeda, 31, to obtain secret information on creating and deactivating computer software used to hack mobile phones.

The accused are Edy Ko'im Said, 42; Mohamad Norakmal Hassan, 43; Dody Junaidi, 44; Tengku Arif Bongsu Tengku Hamid, 41; Mohamad Naziree Mustapha, 41; Faizull Hardey Mohd Isa, 42; Muhammad Iqmal Abdul Rahis, 27; Mohamad Sufian Saly, 25; Muhammad Al Hatim Mohd Fauzi, 23; Nidarahayu Zainal, 36; Raibafie Amdan, 41; Mohd Zaidi Mohd Zain, 56; and Tengku Hazarul Ismail Tengku Hamid, 51.

They allegedly committed this act on Jalan Mayang, Kuala Lumpur at 10.40 pm on Sept 28, 2022. They were charged under Section 3 of the Kidnapping Act 1961, which carries an imprisonment of between 30 and 40 years and caning, upon conviction.

No pleas were recorded from the accused, and the case was subsequently transferred to the High Court as kidnapping cases fall under its jurisdiction.

However, during the High Court proceedings, Judge K. Muniandy instructed the parties to submit arguments on whether the case should be heard in the High Court or the Sessions Court, following the enforcement of the Abolition of Mandatory Death Penalty Act 2023 (Act 846).

In December, after hearing submissions from both sides, Judge Muniandy decided to transfer the case to the Sessions Court. On Jan 19, the charges were read to the accused again in the Sessions Court, and all of them pleaded not guilty.

-- BERNAMA