KUALA LUMPUR: More powerful laws must be used to take down organised crime heads who are driving Malaysia's multi-billion ringgit illegal cigarettes trade.
HELP University Business, Economics and Accounting and Institute Crime Institute Crime and Criminology senior lecturer R. Paneir Selvam said this follows a call by several parties for the government to take severe action against illegal cigarettes traffickers and the 'kingpins' heading the nefarious organisations.
He said the issue of illegal trafficking and organised crime must be addressed as a national security issue.
The recent case in Tasek Gelugor, Penang, where police arrested five men while seizing 18.5 million contraband cigarettes worth RM13.87 million is an example he cited.
"Their modus operandi clearly shows a high level of multi-national and multi-layered organisation with the support of both foreign and local authorities.
"As such, it is both relevant and timely to apply laws like Security Offences (Special Measures) Act (SOSMA) 2012, Prevention of Crime Act 1959 (POCA) and Anti-Money Laundering and Anti-Terrorism Financing Prevention Unit (AMLA) to tackle these cases," he said today.
He explained that for instance if SOSMA was used, the authorities may detain suspects 28 days after the initial 24 hours arrest.
He said pre-charge detention was primarily used to gather enough admissible evidence to be used in criminal proceedings and was especially apt when dealing with a suspect who poses a national security threat.
It allows investigators adequate time to complete their investigation without hindrance or interference.
On the other hand, POCA provides the power to the police to arrest and hold a person for up to 60 days without charge or trial, which he believes is ideal legislation to be used against kingpins of illegal cigarettes.
"These kingpins are a threat to national security and profit from illicit trade often funds terrorism.
"These factors fit both the spirit and objective of POCA," he said.
Meanwhile, AMLA grants law enforcement agencies and the public prosecutor broad investigative powers, including the ability to freeze and seize properties involved or suspected in money laundering or terrorism financing offences, as well as the ability of the court to forfeit properties derived from the proceeds of serious crimes.
As per Section 4 of this Act, on conviction, any person who commits a money laundering offence faces a maximum sentence of 15 years in prison and a fine of not less than five times the sum or value of the proceeds of unlawful activity or instrumentalities of an offence at the time the offence was committed, or five million ringgits, whichever is higher.
Selvam said that organised crime would usually use a variety of methods to launder money earned from their criminal activities, and AMLA would allow relevant agencies to freeze and confiscate properties to forfeit them under court order.
"Let's hit these criminal syndicates where it hurt most, their finances.
"Without funds, they would be hard-pressed to bribe their way out of law
He said now was the time for enforcement agencies to deploy more effective laws like SOSMA, POCA and AMLA to act against organised crime and dissuade others from becoming involved in such crime in Malaysia.