GEORGE TOWN: The hopes of two men, detained under the Security Offences (Special Measures) Act 2012 (SOSMA) to celebrate Chinese New Year with their family, were dashed after their applications for bail were rejected by the High Court here.
Datuk Koh Thiam Hua, 38, and Chan Yi Heng, 22, had applied for bail through their counsel A. Vasudevan and S. Raveentharan respectively during mention of their case today before judge Datuk Ahmad Shahrir Mohd Salleh.
The duo were arrested for allegedly belonging to the notorious Gang 24. They were detained last year alongside 25 other gang members.
They were charged on May 29 last year under Section 130V (1) of the Penal Code, which carries a jail term of at least five years and not more than 20 years, upon conviction.
Vasudevan told the court that the prosecution had yet to serve reports, including the specialist report and DNA report, to associate his client with the gang.
He said there was a clear difference in the definition of terrorism and organised crime, and in this case his client was arrested in connection with organised crime.
"In Part V of the SOSMA, it is not clearly mentioned that bail cannot be offered to a person detained for organised crime," he said.
Raveentharan read out the affidavit of Chan, and argued that he was an employed factory worker and also the youngest amongst the detainees in the case.
"He has no previous criminal record. He is no threat to national security," he said.
Both counsel also agreed to have the electronic monitoring devices (EMD) fitted on their clients if the court allows bail until the trial begins.
Deputy Public Prosecutor (DPP) Lim Cheah Yit rebutted the arguments, saying that bail could only be offered if both accused fulfilled the three requirements as per mentioned in Part V of SOSMA.
The requirements were the accused had to be below 18 years of age, a female or a sick or infirm person considered a terrorist, and agreed to be fitted with the electronic monitoring device (EMD).
"Both of the men have not fulfilled the first condition itself. Hence, I request the court to reject the bail applications," he said.
Ahmad then rejected the bail applications.
After hearing the decision, family members of both accused, were seen consoling them before they were taken out of the court.
Speaking outside the courtroom, Raveentharan said the defence would appeal against the decision at the Court of Appeal.