[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZ BIN ISMAIL

[Timbalan (TPR), Jabatan Peguam Negara] MOHD FAIZ BIN ISMAIL

Court granted bail because s388 CPC permits release in non-bailable cases and the Federal Court authority in Koh Chin Wah supports bail for s26A offences; no cogent evidence of flight risk or witness tampering (migrants deported and depositions recorded); bail of RM20,000 with two sureties per accused and conditions (surrender travel documents, monthly police reporting) is just, reasonable, proportionate and not excessive given seriousness of offence; SOSMA objection noted but conflicting apex authority and fundamental liberty led to adopting the interpretation favouring bail.

Citation
WA-45SOM-2-01/2023 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Muhamad Azmi bin Yusuf
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 January 2024
Case Number
WA-45SOM-2-01/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal / Case Management and Bail Application
Outcome
Bail granted
Legal Topics
Bail, Human Smuggling, Anti Trafficking in Persons and Anti Smuggling of Migrants Act 2007 Section 26 a, Security Offences (sosma) Section 13, Criminal Procedure Code Section 388/389/390
Source Language
Malay/English
Criminal Law Immigration Law Constitutional Law Security Offences Bail Human Smuggling Anti Trafficking in Persons and Anti Smuggling of Migrants Act 2007 Section 26 a Security Offences (sosma) Section 13 +1 more

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Parties

Public Prosecutor

Prosecutor

Muhamad Azmi bin Yusuf

Accused

Procedural Posture

Criminal / Case Management and Bail Application

Legal Issues

  1. 1 Whether accused charged under section 26A Act 670 (human smuggling) are entitled to bail despite SOSMA s13
  2. 2 Whether section 388 CPC permits bail for non-bailable offences and on what conditions
  3. 3 Appropriate and proportionate bail amount and ancillary conditions

Ratio Decidendi

Court granted bail because s388 CPC permits release in non-bailable cases and the Federal Court authority in Koh Chin Wah supports bail for s26A offences; no cogent evidence of flight risk or witness tampering (migrants deported and depositions recorded); bail of RM20,000 with two sureties per accused and conditions (surrender travel documents, monthly police reporting) is just, reasonable, proportionate and not excessive given seriousness of offence; SOSMA objection noted but conflicting apex authority and fundamental liberty led to adopting the interpretation favouring bail.

Court Disposition

Bail granted

Orders

  • Each accused to execute a bail bond in the sum of RM20,000 with two sureties
  • Accused to surrender travel documents to the Court as condition of bail