KUALA LUMPUR: The 14 people accused of kidnapping a Palestinian computer expert two years ago were granted bail today, pending their trial in July next year, and face up to 40 years in prison if found guilty.
High Court Judge K. Muniandy described the charges as serious, granting each accused bail of RM50,000 with two sureties.
He made the decision after hearing submissions on bail application from the prosecution and defence in a previous proceeding in August.
"Each accused is allowed bail. The charge against them is serious and a bail of RM50,000 with two sureties is fixed to ensure their attendance (for future proceedings)," he said in his decision.
Muniandy also set additional conditions to the bail where the accused are to report to the police station nearest to their home monthly and surrender their passport to the court.
"Each accused is prevented from commenting or discussing on the case in any form of media, publication or social media. Thus, a gag order is issued against them," he said.
"Each accused is reminded not to be engaged in any form of communication with the prosecution witnesses, intended or otherwise, and any other individuals who may or may not be related to the offence charged."
"Any form of temperance, intimidation and contravention of the conditions of the bail imposed shall entitle this court to revoke the bail at once," Muniandy added.
In determining the bail amount, Kuala Lumpur prosecution director Datuk Badius Zaman Ahmad suggested RM200,000 for each accused due to the gravity of the offence.
"A RM200,000 bail sum is reasonable and the charge against them is framed under Section 3 of the Kidnapping Act," he said.
"The case attracted wide attention, not only in our country."
"A bail sum that is too low will be a laughing stock," he added.
The 13 male accused are 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, Mohd Azwan Jamaludin, Raibafie Amdan, Muhammad Al Hatim Mohd Fauzi and Edy Ko'im Said and Nidarahayu Zainal.
They are accused of kidnapping Omar ZM Al-Belbaisy, 31, in September 2022, to force him to deactivate computer software and hack into mobile phones.
All the accused were represented by lawyers Kelvinder Singh Sidhu, Adi Zulkarnain Zulkafli, Goh Cia Yee, Muhammad Amin Abdullah and Wan Muhd Ariff Ameer Wan Normazlan.
In mitigation, they had submitted that the suggested bail sum by the prosecution was excessive and their clients were innocent until proven guilty.
They said that their clients have been detained in prison for two years and some of them have had their assets frozen after being charged, besides having medical issues and young children.
All the lawyers proposed a bail of between RM20,000 and RM30,000 and said their clients were ready to comply with the bail's additional conditions.
The court set Jan 23 for mention and maintained the previously fixed trial dates from July 7 to 11 next year.
In October 2022, 11 suspects were charged with kidnapping Omar at Jalan Mayang on September 28, 2022.
Two more were charged later that month with the same offence.
The charge carries a jail term of not less than 30 years and maximum of 40 years and whipping if convicted.