KAJANG: The Attorney General's Chambers (AGC) has accepted a representation from GISB Holdings Sdn Bhd (GISBH) CEO Nasiruddin Mohd Ali and 21 others to review their charges for alleged membership in an organised criminal group.
Deputy public prosecutor (DPP) Shafiq Hasim informed the court of this development during proceedings before High Court Judge Datuk Seri Latifah Mohd Tahar at the Kajang Prison Complex Thursday (Oct 30).
Shafiq, who is handling the case alongside DPP Mohammad Fakhrurrazi Ahmad Salim, said the AGC had accepted the said representation and offered an alternative charge against all the accused under Section 43 of the Societies Act 1966.
"Given that this matter has only just been communicated to the defence counsel, the prosecution requests the court to set a new mention date soon," he said, without disclosing the specific details of the alternative charge.
The accused's counsel, Datuk Rosli Kamaruddin, who represents all the defendants, confirmed that he had been notified of the representation and expressed his gratitude to the AGC for the opportunity afforded to all his clients.
Subsequently, Judge Latifah set Nov 7 for the case to be mentioned again, at which point the alternative charge will be read to all the accused. The court had previously scheduled the trial for Nov 17 to 21.
Speaking to reporters after the proceedings, Rosli clarified that his team had submitted the representation on May 26, proposing several charges, including one under Section 43 of the Societies Act 1966.
"We have consulted with all our clients, and they will accept the alternative charge. We will then proceed with a plea of mitigation and submit it for the court's consideration," he added. Rosli was assisted by lawyers Muhammad Zaim Rosli and Boestamam Ahmad.
Section 43 of the Societies Act 1966 pertains to the offence of being a member of an unlawful society, which provides for imprisonment of up to three years, a fine of up to RM5,000, or both, upon conviction.
On Oct 23, 2024, Nasiruddin, 66, his 58-year-old wife Azura Md Yusof, and 20 other individuals were charged at the Selayang Sessions Court with being members of an organised criminal group.
The offence was allegedly committed at premises in Bandar Country Homes, Rawang, between October 2020 and September 2024.
One of the individuals charged was Mohammad Adib At-Tamimi, 33, the son of Al-Arqam's founder, the late Ashaari Muhammad.
The other accused are: Mohd Shukri Mohd Noor, 54; Muhammad Afdaluddin Latif, 35; Mohamad Sayuti Omar, 36; Mohd Fazil Md Jasin, 58; Mohd Dhirar Fakhrur Razi, 35; Mokhtar Tajuddin, 61; Muhammad Fajrul Islam Khalid, 29; Abu Ubaidah Ahmad Shukri, 35; Shuhaimi Mohamed, 57; Hasnan Abd Hamid, 54; and Muhammad Zahid Azhar @ Nadzri, 52.
Also charged were: Khalilatul-Zalifah Mohammad Jamil, 28; Nur Jannah Omar, 33; Hamimah Yakub, 72; Asmat@Asmanira Muhammad Ramly, 45; Nurul Jannah Idris, 29; Siti Salmiah Ismail, 58; Siti Hajar Ismail, 52; and Mahani Kasim, 55.
They were charged under Section 130V(1) of the Penal Code, which carries a prison sentence of between five and 20 years upon conviction. The case was subsequently transferred to the Shah Alam High Court for trial. - Bernama
