Sosma charge revised – 42 freed

Tight security: Family members and the media queuing to register at the main gate of Kajang prison to observe the proceedings of the special court.

KAJANG: A total of 42 men – originally accused of being members of organised crime group “Geng 360 Devan” – were freed after a special court sentenced them to a year’s jail to run from the date of arrest on a reduced charge of being members of an unlawful society.

“During mitigation, most of the accused were remorseful and said they won’t take part in such activities again. If this is indeed sincere, then this is for their own good,” said High Court judge Justice Abd Halim Aman.

The 42 men were part of a group of 57 who were originally charged under the Security Offences (Special Measures) Act 2012 (Sosma).

The 57 men, aged between 23 and 63, appeared before a special court for Sosma offences at the Kajang Prison Complex yesterday.

This is the first time the special court convened in the peninsula, due to strict security measures as Sosma offences involve national security and the number of accused persons involved in the case is overwhelming.

Yesterday was initially fixed for the first day of trial.

However, DPP Muhamad Iskandar Ahmad told the court that the prosecution was amending the charges.

“The prosecution wishes to amend the charges from Sosma to Section 43 of the Societies Act 1966,” he said.

According to the amended charge sheet, the men were accused of joining “Geng 36”, which is an unlawful society, at MV Empayer Sdn Bhd at No. 1-B, Jalan Perniagaan Masria 1, Pusat Perniagaan Masria, Batu 9, Cheras, between 2013 and 2017.

The offence under the Societies Act for being members of an unlawful society carries a maximum three years’ imprisonment or a maximum fine of RM5,000 or both upon conviction.

The men were initially charged under Section 130V of the Penal Code, which carries imprisonment ranging from five to 20 years if convicted.

The amended charges were read out to 56 out of the 57 men as one of them had his charge withdrawn by the prosecution and given a discharge not amounting to an acquittal.

Forty-two of them pleaded guilty, while 14 claimed trial to the amended charges.

Justice Abd Halim then gave a discharge not amounting to an acquittal to the 14 men on the original Sosma charges.

He said they would still be held temporarily to await instructions from the prosecution team.

“The magistrate will take over the cases (of the 14 men) after this,” he said.

A special room for live viewing of the proceedings was set up for family members and the media.

Each of the accused persons was allowed the attendance of one family member.

Only 10 reporters were allowed to cover the proceedings viewable through a projector and a screen.

Those attending the proceedings in the separate room were subjected to a body search. They were also​ not allowed to bring in any mobile or recording​ device.

Previously, a special court for Sosma offences was convened at the central prison in Kota Kinabalu for the Lahad Datu intrusion case in 2016.