442 Sosma detainees may have charges amended
KUALA LUMPUR: Charges against 442 people detained under the Security Offences (Special Measures) Act 2012 (Sosma) may be amended so that some of them can be tried, said Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin.
He said Attorney-General (A-G) Tommy Thomas had agreed to it after a group of Sosma detainees at the Sungai Buloh Prison ended its hunger strike.
The detainees ended the strike, which began last Friday, after Hanipa met them on Monday.
Hanipa said the 442 detainees were remanded under Section 13 of Sosma for being members of organised criminal groups as well as consorting or assisting them.
“The A-G is considering whether his chambers can amend the charges against them.
“It will involve 442 detainees being probed under Section 43 of the Societies Act 1966 for being members of an unlawful society, as well as Sections 141 to 158 of the Penal Code for offences against public tranquility.
“This process will take some time and has to be on a case-bycase basis,” he said, adding that the public prosecutor would prioritise female, juvenile, sick or infirm detainees.
“When amended charges are made, the accused can either plead guilty to them or claim trial. In the event these offenders claim trial to the amended charges, bail may be applied by them, and it is the discretion of the court whether to grant bail.”
However, Hanipa said, 22 detainees being probed under the Penal Code for allegedly committing terrorism offences would not get their charges amended.
“It is my view those cases are best left to be dealt with by the learned A-G, in accordance with his discretion pursuant to Article 145(3) of the Federal Constitution, until the cabinet makes a final decision with regard to Sosma.”
Thomas had reportedly said Sosma would be abolished, as promised by Pakatan Harapan.
Under Sosma, a person can be detained for up to 28 days. Police can deny a detainee’s access to family and legal counsel for up to 48 hours after being arrested.