Sosma not for terrorists alone, says A-G
BY JENNIFER GOMEZ
Published: 13 October 2015 3:22 PM | Updated: 13 October 2015 7:30 PM
Attorney-General Tan Sri Mohamed Apandi Ali says the Security Offences (Special Measures) Act 2012 (Sosma) can be used to facilitate investigations and prosecution of security offences. – The Malaysian Insider pic by Kamal Ariffi, October 13, 2015.Use of the Security Offences (Special Measures) Act 2012 (Sosma) is not limited to terrorism or terrorists alone, the attorney-general said today in a press conference to address criticism against the use of the law on Putrajaya's critics.
Tan Sri Mohamed Apandi Ali said Sosma, as a procedural law, allowed for special measures to be taken to facilitate investigations and prosecution of actions that are security offences.
"The definition of 'security offences' makes it clear that the Sosma is not limited to terrorism or terrorists," he said, reading from a press statement at his office in Putrajaya today.
Apandi said he wanted to clarify the charges against former Umno man Datuk Seri Khairuddin Abu Hassan and lawyer Matthias Chang, who were yesterday charged with attempted sabotage of the Malaysian economy and the banking and financial systems.
"Both were charged under Section 124L of the Penal Code and not under Sosma.
"This decision by us has been questioned by certain parties.
"The Attorney-General's Chambers wishes to clarify that Sosma is a procedural law that provides special measures to facilitate investigations and prosecution for what is known as security offences," he said.
Yesterday, six veteran Barisan Nasional leaders led by former prime minister Tun Dr Mahathir Mohamad held a press conference to condemn the use of Sosma against Khairuddin and Chang who had been critical of government-owned state investor 1Malaysia Development Bhd (1MDB).
Khairuddin had lodged reports against the firm in several countries.
The BN leaders said Sosma, when passed in Parliament, was not meant to be used against those who expressed opinions or beliefs.
Apandi said today when Sosma was first enacted, it listed as security offences those in Chapter VI of the Penal Code (offences against the state) and Chapter VIA of the Penal Code (offences relating to terrorism).
In Chapter VI, Section 124L of the Penal Code – the charge against Khairuddin and Chang – is listed as an offence, and was one of seven new offences introduced in the Penal Code in 2012 through the Penal Code (Amendment) Act 2012.
The seven are activities detrimental to parliamentary democracy, attempt to commit activity detrimental to parliamentary democracy, dissemination of information, sabotage, attempt to commit sabotage, espionage and attempt to commit espionage.
“These offences were in addition to the re-enactment with modifications of certain offences which used to be in the Internal Security Act 1960.”
He also said that Section 130A of the Penal Code defined the term sabotage to mean an act or omission intending to cause harm, among others, to the maintenance of “essential services”, while the term “essential services” was defined to include banking and financial services.
“The Attorney-General’s Chambers provides this clarification on the provisions of law that have been applied in the case of Khairuddin Abu Hassan and Matthias Chang to prevent any further misleading statements regarding the relevant provision of law.
“However, the Attorney-General’s Chambers is not at liberty to divulge any facts pertaining to their cases as the matters are pending before the court,” Apandi said.
Khairuddin and Chang have filed an application for a review of their charges and whether they can be considered as security offences. The High Court is to hear their case on Monday. Conviction carries a jail term that can be extended to 15 years.
Apandi added that other offences in the Penal Code have since been included as security offences under Sosma. These were Chapter VIB of the Penal Code on organised crime, offences under Part IIIA of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and those under the Special Measures against Terrorism in Foreign Countries Act 2015. – October 13, 2015.
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