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PUTRAJAYA, April 16 — A company director who is held under the Security Offences (Special Measures) Act (Sosma) 2012 on a charge of committing sabotage on water services in Selangor was granted bail of RM50,000 by the Court of Appeal today.
Lim Kian Aik was granted the bail, pending his trial at the High Court, following a 2-1 majority decision by the Court of Appeal panel led by Justice Datuk Azizah Nawawi, who sat with Justice Datuk Supang Lian and Justice Datuk Ghazali Cha.
While Ghazali dissented, Azizah and Supang allowed Lim’s application for bail under Section 13(2) (c) of Sosma which provided that bail can be given to an accused who is ill.
Justice Azizah said Lim was confirmed to be suffering from acute coronary syndrome and a medical officer from the clinic in the Sungai Buloh prison was of the opinion that he was at high risk to suffer heart attack and is a sick person from the medical perspective.
She allowed Lim, 43, to be released on RM50,000 bail with two sureties and also ordered him to surrender his travel documents to the court, as well as ordered him to report to the nearest police station once a week.
On November 23, last year, Lim and a contractor, R. Nathan, pleaded not guilty in the Selayang Sessions Court with intentionally committing sabotage to disrupt water services in Selangor at No 32, Jalan Velox 2, Taman Velox, Rawang, Gombak here between November 2 and 10.
The two men also face five other charges under the Environmental Quality Act and the Water Services Industry Act.
Since the procedural law for Section 124K of the Penal Code is under Sosma, the prosecution did not offer bail to both men.
The charge under Section 124K, read together with Section 34 of the same code, provides for life imprisonment, if convicted.
In today’s proceeding in the Court of Appeal, Lim’s counsel Wan Kok Cheong submitted to the court that his client, who has been in Sungai Buloh prison for almost six months, is suffering from acute coronary syndrome and has to be given access to doctors and he needs medication regularly.
Wan also produced a medical report by the National Heart Institute (IJN) on Lim’s medical condition.
He said Lim’s case has been transferred to the Kuala Lumpur High Court and the court has fixed April 23 for case management.
Deputy public prosecutor (DPP) Muhammad Azmi Mashud, assisted by DPP Mohd Zain Ibrahim, argued that the bail application should be filed in the Kuala Lumpur High Court as the case has been transferred to that court.
Wong told reporters that Lim’s family will post the bail. — Bernama