Wrong to consider GISBH an ‘organised criminal group’ in the likes of triads, crime gangs
THE Malaysians Against Death Penalty and Torture (MADPET) has expressed utmost concern of cult-linked Global Ikhwan Services and Business Holdings Sdn Bhd (GISBH) being touted as an “organised criminal group” by Malaysia.
To prevent the setting of a precedent, the NGO further contended that “it is best and reasonable” that such term be limited to “triads and criminal gangs that engage in serious crimes of violence, extortion, murder, etc”.
“It’s not right and dangerous to define it broadly as crimes committed by more than one of any Penal Code offences,” opined MADPET co-founder Charles Hector in a media statement.
This came about after GISBH CEO Datuk Nasiruddin Mohd Ali and his wife were among the 13 men and nine women who were charged in the Selayang Sessions Court on Wednesday (Oct 23) under Section 130V (1) of the Penal Code for being members of organised crime group.
If found guilty, offenders can be punished with imprisonment for a term of not less than five years and not more than 20 years.
Delving further, Hector who is also a human rights activist and lawyer argued that Section 130U of the Penal Code has defined “organised criminal group” to mean “a group of two or more persons acting in concert with the aim of committing one or more serious offences in order to obtain – directly or indirectly – a material benefit, power or influence”.
“Serious offences were previously defined in that law as ‘…any offence punishable with imprisonment for a term of 10 years or more…’ but that definition was deleted by Penal Code (Amendment) Act 2014, where the amending provision read, ‘The Code is amended in Section 130U by deleting the definition of ‘serious offence’,” explained Hector.
“This means that if anyone commits any crime today, however small, risks being charged as a member of an ‘organised crime gang’ under Section 130V of the Penal Code.
“Moreover, since that Chapter VIB (Organised Crime) in the Penal Code is listed as ‘Security Offence’ in the First Schedule in Security Offences (Special Measures) Act 2012 (SOSMA), then SOSMA applies.”
Following this, MADPET is unhappy with the 2014 re-definition of the term “organised criminal groups” which is just too broad, hence can easily be abused by the government of the day.
“This term should be restricted to triad groups, Mafia-like groups and criminal gangs that commit serious criminal offences involving violence or extortion,” asserted Hector.
“As it is, two or more persons engaging in a consensual act of sodomy, theft, murder, illegal assembly or any crimes whatsoever are at risk of being charged for organised criminal group-type of crimes whereby SOSMA will apply. The other crimes listed under this Chapter VIB include assisting, harbouring and consorting, among others.”
Stating that there is no merit for GISBH to fall under the “organised criminal group” category, MADPET is of the view that such definition “should not be made by the police alone but possibly some independent body that would include parliamentarians”.
“When any group is listed as ‘organised crime gang’, their crimes will not only be SOSMA offences but they also risk becoming victims of the Detention Without Trial laws like Prevention of Crime Act 1959 (POCA),” Hector warned.
He added: “As GISBH is also allegedly a case of Islamic deviants, one wonders whether Muslim police or law enforcement officers are able to act independently when it comes to investigation of the other crimes not religious crimes or it’s better that the investigations are led by non-Muslim officers to ensure a more professional investigation.
“After all, religion and other prejudices are known to impact investigation and prosecution.” – FocusM Oct 25, 2024
