KUALA LUMPUR: The High Court here has acquitted and discharged a former Internal Security Act (ISA) Yazid Sufaat and two others arrested under Security Offences (Special Measures) Act 2012 (SOA).
Justice Kamardin Hashim made the rulings after allowing an application to strike out the charge of promoting acts of terrorism in strife-torn Syria by Yazid, his friend Halimah Hussein and cafetaria helper Muhammad Hilmi Hasim.
The judge ruled on Monday that the act could not be used against the three, as it was ultra vires against Article 149 of the Federal Constitution.
"I am satisfied that there is a merit in the submission by the applicants in relation to the charge and usage of the act (Sosma) that is enacted under Article 149," he said.
He said the charge was related to terrorism occured in Syria and therefore it was not under the scope of Article 149.
He said Sosma could not be used as a procedure to prove the charge against Yazid, 49, Muhammad Hilmi, 33, and Halimah, 52.
"It is an abused of court process if the prosecution continues to prosecute the applicants under Sosma," he said.
Immediately after the court adjourned, they were seen crying and hugging each other.
On Feb 8, Yazid who operates a cafeteria at the court complex here, was charged with promoting acts of terrorism in Syria.
Halimah was charged with abetting Yazid at a house in Ampang between Aug and Oct, last year. Their cases were mentioned at the High Court here on Feb 21.
The two were alleged to have “threatened the public in Syria” with these acts, the penalty for which is up to 30 years' jail and a fine under the Penal Code.
Muhammad Hilmi was charged with abetting Yazid in promoting the acts. His case has been transferred to the High Court here on Feb 25.
Muhammad Hilmi who is also Yazid's employee, was alleged to have committed the offence at a house in Taman Bukit Ampang, Ampang between 8.30am and 10.30am between Aug 1 and 20, last year.
He was charged under Section 130G (a) of the Penal Code, read together with Section 109 of the same act, which carries a maximum imprisonment of 30 years and a fine, upon conviction. All three had earlier claimed trial to the charge. The trial had been fixed for this week.
Yazid was detained under the ISA in 2001 for seven years on suspicion of being involved with the Jemaah Islamiyah militant group.
Counsel Amer Hamzah Arshad and Edmund Bon acted for Yazid, Halimah and Muhammad Hilmi while the respondent was the public prosecutor who was represented by Datuk Mohamad Hanafiah Zakaria, Ishak Mohd Yusof and Abdul Wahab Mohamad.
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