KUALA LUMPUR: Nine of the 13 individuals charged with kidnapping a Palestinian man to obtain information related to mobile phone hacking software have submitted representations to the Attorney General’s Chambers (AGC).
Their lawyer, Norma Goh Kim Lian, told High Court Judge K. Muniandy that the representations by her clients, seeking to strike out or reduce the charges against them, were submitted to the AGC last month.
The nine accused, aged between 25 and 56, 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 and Tengku Hazarul Ismail Tengku Hamid.
Lawyers representing the other four accused also informed the court that their clients would also be sending their representations soon.
They are Nidarahayu Zainal, 36, represented by lawyer Muhammad Amin Abdullah, Raibafie Amdan, 41; represented by lawyer Wan Muhd Ariff Ameer Wan Normazlan, Muhammad Al Hatim Mohd Fauzi by lawyer Adi Zulkarnain Zulkafli and Edy Ko’im Said, 42, represented by lawyer Navinjit Singh.
Judge Muniandy then fixed five days from July 7 to 11 next year for the trial.
“Since all the accused intend to be released on bail pending the hearing of the case, the court sets Aug 22 to hear the bail application,“ said the judge.
Meanwhile, Deputy Public Prosecutor Datin Kalmizah Salleh said the prosecution is expected to call 30 witnesses to testify during the hearing.
Last Aug 7, the Court of Appeal ruled that the case involving the kidnapping of a Palestinian national will be heard in the High Court instead of the Sessions Court.
The 33 individuals were charged in the Kuala Lumpur Magistrate’s Court in October 2022 with jointly abducting the Palestinian man to obtain secret information on creating and deactivating computer software used to hack mobile phones.
They allegedly committed the offence on Jalan Mayang, Kuala Lumpur at 10.40 pm on Sept 28, 2022.
They were charged under Section 3 of the Kidnapping Act 1961, which carries an imprisonment of between 30 and 40 years and caning, upon conviction.
No plea was recorded from the accused, and the case was subsequently transferred to the High Court as kidnapping cases fall under its jurisdiction.
However, during the High Court proceedings, Judge K. Muniandy instructed the parties to submit arguments on whether the case should be heard in the High Court or the Sessions Court, following the enforcement of the Abolition of the Mandatory Death Penalty Act 2023 (Act 846).
In December, after hearing submissions from both sides, Judge Muniandy decided to transfer the case to the Sessions Court.
On Jan 19, the charges were read to the accused again in the Sessions Court, and all of them pleaded not guilty.
