Three accused of kidnapping Palestinian computer expert get a lesser charge
This was after the Attorney-General's Chambers (AG-C) accepted their representation last week.
On the first day of a five-day trial today, Kuala Lumpur prosecution director Datuk Badius Zaman Ahmad informed High Court judge K. Muniandy that the charges under Section 325 of the Penal Code will be levelled on the first accused Edi Ko'im Said, ninth accused Muhammad Al Hatim Mohd Fauzi and 14th accused Mohd Azwan Jamaludin instead of the original Section 3 of the Kidnapping Act.
The representations were sent to the AG-C last month.
Section 365 reads kidnapping or abduction with intent, secretly and wrongfully, to confine a person, which provides for a jail term of up to seven years and a fine. Section 3 of the Act defines abduction, wrongful restraint or wrongful confinement for ransom, which carries the death penalty or life imprisonment.
The lawyers representing the accused - Lingswaran Singh, Goh Kim Lian and Adi Zulkarnain Zulkafli - confirmed that their clients were agreeable to the charge under Section 325.
Badius told the court that the representation of several of the remaining accused was still being considered by the AG-C.
As for the anti-money laundering charges, deputy public prosecutor Noor Zalizan Lazarous said the AG-C did not receive any representation from accused Nidarahayu Zainal, Raibafie Amdan and Tengku Arif Bongsu Tengku Hamid.
Muniandy then ruled that the alternative charges against the trio be read out to them on Thursday, as well as to hear the decision of the representation sent by other accused to the AG-C. If the representation of the accused is rejected, the trial will proceed.
The judge vacated the trial for tomorrow and Wednesday.
All accused were charged with the kidnapping of Omar Z.M. Al-Belbaisy to force him to deactivate computer software and hack into mobile phones in September 2022.
The 13 male accused are Mohamad Norakmal Hassan, Dody Junaidi, Tengku Arif Bongsu, Mohamad Naziree Mustapha, Faizull Hardey Mohd Isa, Muhammad Iqmal Abdul Rahis, Mohamad Sufian Saly, Mohd Zaidi Mohd Zain, Tengku Hazarul Ismail Tengku Hamid, Mohd Azwan Jamaludin, Raibafie Amdan, Muhammad Al Hatim Mohd Fauzi and Edy Ko'im.
The sole female accused is Nidarahayu, who is married to Raibafie. They are aged between 26 and 59.
Also on the prosecution were deputy public prosecutors Mohd Sabri Othman, Izalina Abdullah, Zaileen Nadia Zubir, Shahrizat Amadan, Zulhilmi Latif, Izzat Amir Idham and Shukor Abu Bakar.
The other lawyers acting for the accused were Muhammad Amin Abdullah, Wan Muhd Ariff Ameer Wan Normazlan and Goh Cia Yee.
In November last year, Muniandy granted each accused a RM50,000 bail with two sureties and imposed several additional conditions.
In 2022, they were charged with kidnapping Omar at Jalan Mayang here on Sept 28 with the intention to force him to deactivate computer software and hack into mobile phones.
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