KUALA LUMPUR, Dec 18 — Attorney-General (AG) Tan Sri Abdul Gani Patail confirmed today that religious teacher Halimah Hussein, the first woman to be detained and charged under the Security Offences (Special Measures) Act 2012 (Sosma), is still on the run.
He said a warrant of arrest issued by the Court of Appeal on May 31 was still pending on her and that ongoing efforts by police in tracking her down had been futile so far.
“Sosma is drafted in such way that only in special circumstances bail can be granted, but when the court used its discretion in allowing bail application, the accused took advantage by jumping bail,” said Abdul Gani (picture) when delivering a talk on Sosma to more than 300 officers from the military and various enforcement agencies at a hotel here today.
“Initially the High Court ruled against the prosecution by releasing her and two others. However, we reverted the decision at the Court of Appeal and now we are having to pursue further on the matter since we don’t have the person in our custody,” lamented Gani.
Halimah, 52, was arrested with former Internal Security Act (ISA) detainee Yazid Sufaat and cafetaria helper Muhammad Hilmi Hasim and were charged respectively for promoting and abetting in terrorist activities in Syria.
On May 20 this year, the High Court in Kuala Lumpur acquitted and discharged Yazid, Muhammad Hilmi and Halimah after allowing their application to have the charges against them struck out.
High Court judge Kamardin Hashim ruled that the Sosma could not be used against the three, as it was ultra vires Article 149 of the Federal Constitution.
Gani’s talk entitled “Sosma 2012: It’s Implications on Defence and Security” lasted nearly two hours with the AG explaining in detail on the Act which came into force in June 2012.
He said during the Lahad Datu intrusion incident early this year, the Act facilitated police in carrying out their investigations and the security forces to conduct military operations on the intruders.
“When the intruders were eventually charged in court under Sosma, the prosecution only tendered the search list of documents and exhibits seized during the cause of investigation compared with any normal criminal proceedings.
“Furthermore, no court can compel how the evidence is to be gathered or tools used in their task. In nutshell, Sosma is a much more comprehensive Act compared with what actually people perceived,” stressed Gani.
On the other hand, the Act could also be used against individuals identified to be detrimental to parliamentary democracy, he said.
He added that Sosma allowed detention of up 28 days whereby the next-of-kin should be informed within 48 hours with right of legal representation provided.
“The Act also allows police and other enforcement agencies intercept communications of suspected individuals without prior approval from the public prosecutor’s office,” added Gani.
However, he said it would be difficult for his office if investigation officers failed to carry out thorough probes.
“It does not end with just making arrests. My officers only can carry out their tasks if all of you carry out your investigations effectively,” concluded Gani. — Bernama
