KUALA LUMPUR: The 14 people accused of kidnapping a Palestinian computer expert two years ago should be denied bail due to the severity and the nature of the offence, the High Court heard today.
Kuala Lumpur prosecution director Datuk Badius Zaman Ahmad objected to the bail application of the 13 men and 1 woman accused of kidnapping Omar ZM Al-Belbaisy, 31, to force him to deactivate computer software and hack into mobile phones in Sept 2022.
Badius told Judge K. Muniandy that the court needed to take public interest and national security into consideration as the case involved an international matter, and relevant and strong evidence would be presented in the trial.
"We have witnesses who saw the kidnapping incident involving the victim. There is also closed-circuit television camera footage, money transactions, chalet rental and communication evidence.
"The incident occurred on Sept 28, 2022, and investigations showed the victim was found the next day with his hands and legs bound with cable tie," he said.
Badius said the 10th accused (Nidarahayu Zainal) also has a high risk of absconding.
"She was the one who received the order to kidnap the victim. The case facts and charge shows it is a serious offence," he submitted during the bail application hearing today.
Badius said they cannot reveal the victim's whereabouts for safety reasons.
"He and other witnesses are also at risk of being harassed by the accused if bail was granted," he said.
Deputy public prosecutor Mohd Sabri Othman said the kidnapping occurred in the city's Golden Triangle.
He said although the victim was uninjured, he suffered psychological trauma after having his head and face covered and having no idea where he was being taken.
"The prosecution will use the element of common intention to prove who had kidnapped (the victim), booked the car and chalet in Hulu Langat and brought food - they (the accused) each had a role," he said.
Meanwhile, lawyer Norma Goh Kim Lian, who stood for 10 of the accused, argued that bail should be granted as the case did not involve violence, injury or ransom.
"It is impossible for a case that did not involve ransom to be classified under Section 3 of the Kidnapping Act and my clients should not be charged for that.
"I was told by the accused they did not know the victim at all and had never been in touch with him. So how could it be said that they had kidnapped the victim? We ask the prosecution to investigate thoroughly."
Goh represented Mohamad Norakmal Hassan, Dody Junaidi, Tengku Arif Bongsu Tengku Hamid, Mohamad Naziree Mustapha, Faizull Hardey Mohd Isa, Muhammad Iqmal Abdul Rahis, Mohamad Sufian Saly, Mohd Zaidi Mohd Zain, Tengku Hazarul Ismail Tengku Hamid and Mohd Azwan Jamaludin.
Lawyer Wan Muhd Ariff Ameer Wan Normazlan, who appeared for Raibafie Amdan, 41, said his client was not physically involved in the kidnapping, did not try to flee and had cooperated with the police.
Raibafie is also the husband of Nidarahayu, 36.
Lawyer Muhammad Amin Abdullah, who represented Nidarahayu, said she was not a flight risk as her passport had been seized by the police, and her bank accounts were frozen.
Counsel Adi Zulkarnain Zulkafli said his client Muhammad Al Hatim Mohd Fauzi, 23, did not play an active role in the crime and had received instructions from Zaidi, his father-in-law.
Lawyer Navinjit Singh, meanwhile, said there was no reasonable ground to believe that his client Edy Ko'im Said, 42, had committed the crime as he was just a driver in the getaway car and merely helped at the scene before leaving.
All lawyers said their clients were ready to comply with the court's conditions should bail be granted.
In the same proceedings, Azwan pleaded not guilty to the same charge.
Muniandy set Oct 3 to deliver his decision.