KUALA LUMPUR: Six men who previously faced charges of kidnapping a Palestinian man were sentenced on Thursday (July 10) to five years in prison by the High Court here for abducting and wrongfully confining him in a chalet three years ago.
Justice K. Muniandy handed down the sentence to Mohamad Norakmal Hassan, 46; Mohd Azwan Jamaludin, 42; Dody Junaidi, 47; Mohamad Sufian Saly, 28; Tengku Hazarul Ismail Tengku Hamid, 54; and Muhammad Al Hatim Mohd Fauzi, 28, after they pleaded guilty to the alternative charge of abducting and confining the Palestinian man.
The court ordered Mohamad Norakmal, Mohamad Sufian, and Muhammad Al Hatim to begin their prison sentences from the date of their arrest on Sept 29, 2022, while Tengku Hazarul Ismail and Mohd Azwan will serve their sentences from Oct 11, 2022, and Dec 14, 2023, respectively.
All of them were jointly accused of forcibly abducting a 31-year-old Palestinian man with intent to secretly and wrongfully confine him at Jalan Mayang, Dang Wangi, here, at 10:40pm on Sept 28, 2022.
The charge was framed under Section 365 of the Penal Code, read together with Section 34 of the same Code, which provides for a maximum prison sentence of seven years and may also incur a fine, upon conviction.
According to the facts of the case, the Palestinian was abducted and confined in a chalet in Hulu Langat before police, acting on information received, raided the location and found the victim with his hands and feet tied with cable ties.
Earlier, Deputy Public Prosecutor Datuk Badius Zaman Ahmad requested a minimum prison sentence of five years for all the accused, considering the adverse impact their actions had on the country.
"Previously, all the accused were charged with kidnapping, but their representations were accepted. They should be grateful that an alternative charge was offered to them.
"The accused have been remanded for two to three years. Therefore, we request a minimum prison sentence of five years," he stated, handling the case alongside DPP Mohd Sabri Othman.
Lawyer Norma Goh Kim Lian, representing Mohamad Norakmal, Mohd Azwan, Dody, Mohamad Sufian, and Tengku Hazarul, sought a minimum prison sentence, citing that her clients were remorseful and had family dependents.
"In this case, our clients did not benefit or gain from the actions committed. They also have no prior criminal records and have always cooperated well with the authorities," she added.
Lawyer Adi Zulkarnain Zulkafli, representing Muhammad Al Hatim, also requested a minimum prison sentence as his client expressed regret and apologised, in addition to having no prior criminal record.
Meanwhile, the kidnapping case involving the same victim, faced by eight other accused - Tengku Arif Bongsu Tengku Hamid, 44; Mohamad Naziree Mustapha, 44; Faizull Hardey Mohd Isa, 45; Muhammad Iqmal Abdul Rahis, 30; Mohd Zaidi Mohd Zain, 59; Nidarahayu Zainal, 39; Raibafie Amdan, 44; and Edy Ko'im Said, 45 - will proceed to trial.
According to the charge, all eight accused, with common intent, detained the victim at the same location and time to obtain a reward, specifically secret information on how to create and deactivate computer software used for hacking mobile phones.
These eight individuals were charged under Section 3 of the Kidnapping Act 1961, read together with Section 34 of the Penal Code, which carries a minimum prison sentence of 30 years and a maximum of 40 years, along with caning, upon conviction.
Additionally, Tengku Arif Bongsu and the married couple, Nidarahayu and Raibafie, face 19 more charges involving a total of over RM250,000, under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001. - Bernama
