PENDAKWARAYA DPP Pn. Munirah binti Shamsuddin@ Bahrum [Serious Crime Division/ Counter Terrorism, Attorney General Chambers, Malaysia] En. Syahredza bin Johan together with En. Louis Liaw [Messrs Ram Rais & Pertners]

PENDAKWARAYA DPP Pn. Munirah binti Shamsuddin@ Bahrum [Serious Crime Division/ Counter Terrorism, Attorney General Chambers, Malaysia] En. Syahredza bin Johan together with En. Louis Liaw [Messrs Ram Rais & Pertners]

The court accepted the admissible s.18A confession, protected witness and expert evidence and the electronic linkage of the Telegram profile and devices registered to the accused; these established beyond reasonable doubt that the accused voluntarily gave a bai'ah constituting support under s.130J(1)(a) and possessed IS-related items under s.130JB(1)(a); accordingly the accused was convicted on both counts and sentenced.

Citation
CRIMINAL HEARING NO: 46SO-2-06/2017 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused/defendant: Razis bin Awang
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 December 2018
Case Number
CRIMINAL HEARING NO: 46SO-2-06/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal (terrorism Offences Under SOSMA and Penal Code) / High Court Judgment and Sentencing (convicted and Sentenced); Appeals Filed
Outcome
Accused convicted on both counts
Legal Topics
Security Offences (special Measures) Act 2012 (sosma), Penal Code S.130 J and S.130 JB, Protected Witness Procedure (s.14 Sosma), Admissibility of Statements (s.18 a Sosma), Presumption of Publication (s.114 a Evidence Act 1950), Prima Facie Proof and S.180 Criminal Procedure Code
Source Language
Malay/English
Criminal Law Terrorism Law Evidence Law Procedural Law Security Offences (special Measures) Act 2012 (sosma) Penal Code S.130 J and S.130 JB Protected Witness Procedure (s.14 Sosma) Admissibility of Statements (s.18 a Sosma) +2 more

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Parties

Pendakwa Raya

Prosecution

Razis bin Awang

Accused/defendant

Procedural Posture

Criminal (terrorism Offences Under SOSMA and Penal Code) / High Court Judgment and Sentencing (convicted and Sentenced); Appeals Filed

Legal Issues

  1. 1 Whether accused committed offence under s.130J(1)(a) by giving support to a terrorist group via a bai'ah (loyalty pledge)
  2. 2 Whether accused committed offence under s.130JB(1)(a) by possessing items associated with Islamic State
  3. 3 Admissibility and weight of the accused's statement under s.18A SOSMA

Ratio Decidendi

The court accepted the admissible s.18A confession, protected witness and expert evidence and the electronic linkage of the Telegram profile and devices registered to the accused; these established beyond reasonable doubt that the accused voluntarily gave a bai'ah constituting support under s.130J(1)(a) and possessed IS-related items under s.130JB(1)(a); accordingly the accused was convicted on both counts and sentenced.

Court Disposition

Accused convicted on both counts

Orders

  • Count 1 (s.130J(1)(a) Penal Code): 7 years imprisonment from date of arrest (28.09.2016)
  • Count 2 (s.130JB(1)(a) Penal Code): 2 years imprisonment from date of arrest (28.09.2016)