[Timbalan (TPR), Jabatan Peguam Negara] MUHAMAD AZMI BIN YUSUF

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMAD AZMI BIN YUSUF

Where there are conflicting apex authorities, the interpretation favorable to the accused was applied; in the absence of clear flight risk or realistic prospect of witness tampering (migrants deported and depositions recorded) and pursuant to the discretionary power under section 388 CPC read with sections 389 and 390 CPC and constitutional protection of liberty, bail was lawfully granted pending trial with conditions and a bail bond of RM20,000 each with two sureties and surrender of travel documents and monthly police reporting to secure attendance.

Citation
WA-45SOM-1-01/2023 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Muhamad Azmi bin Yusuf; Accused: Mohd Faiz bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 February 2024
Case Number
WA-45SOM-1-01/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Human Smuggling (section 26 a ATIPSOM Act 670) / Case Management / Bail Hearing; Bail Granted Pending Trial
Outcome
Bail granted pending trial
Legal Topics
Bail, Security Offences (sosma), Section 26 a ATIPSOM, Section 388 CPC Discretion, Surrender of Travel Documents, Bail Quantum and Sureties
Source Language
Malay/English
Criminal Law Immigration / Smuggling Constitutional Law Procedure Bail Security Offences (sosma) Section 26 a ATIPSOM Section 388 CPC Discretion +2 more

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Parties

Public Prosecutor

Prosecution

Muhamad Azmi bin Yusuf

Accused

Mohd Faiz bin Ismail

Accused

Procedural Posture

Criminal Human Smuggling (section 26 a ATIPSOM Act 670) / Case Management / Bail Hearing; Bail Granted Pending Trial

Legal Issues

  1. 1 Whether bail is permissible for offences charged under section 26A of Act 670 in light of SOSMA s13
  2. 2 Whether the High Court may grant bail for a non-bailable offence under section 388 CPC
  3. 3 What is a just and proportionate bail amount and appropriate conditions to secure attendance

Ratio Decidendi

Where there are conflicting apex authorities, the interpretation favorable to the accused was applied; in the absence of clear flight risk or realistic prospect of witness tampering (migrants deported and depositions recorded) and pursuant to the discretionary power under section 388 CPC read with sections 389 and 390 CPC and constitutional protection of liberty, bail was lawfully granted pending trial with conditions and a bail bond of RM20,000 each with two sureties and surrender of travel documents and monthly police reporting to secure attendance.

Court Disposition

Bail granted pending trial

Orders

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