Duo first to be charged under Sosma 2012 with sabotage on water services

KUALA LUMPUR – Two men, including a company director, are the first to be charged under the Security Offences (Special Measures) Act (Sosma) 2012 with committing sabotage on water services in Selangor.

Contractor R. Nathan, 42, and company director Lim Kian Aik, 42, both pleaded not guilty after the charge was read out to them before Selayang Sessions Court judge Maziah Joary Mohd Tajudin.

They were charged with intentionally committing sabotage to disrupt water services in Selangor at No. 32, Jalan Velox 2, Taman Velox, Rawang, Gombak here between November 2 and 10.

The charge was framed under Section 124K of the Penal Code, read together with Section 34 of the same code, which provides for life imprisonment, if convicted.

Deputy public prosecutor Muhammad Iskandar Ahmad did not offer bail to both accused as Section 124K of the Penal Code is listed under Chapter 6 of the code, which uses special procedures as provided under the first schedule of Sosma.

He said the case involved an offence against national security and, hence, should be tried in the high court.

Lawyer Erni Ahmad from the National Legal Aid Foundation who represented Nathan said the prosecution’s move not to offer his client bail was ultra vires of Article 5 and 21 of the federal constitution.

“My client works as a contractor with a monthly income of RM2,500 and is the sole breadwinner of his family, and has diabetes,” she said.

Lim’s lawyer, Harcharanjit Singh, requested bail on the grounds that his client is a married man with four children, aged between 11 and 17.

“In this case, my client has given good cooperation to the authorities. He is a director of an active company and the sole breadwinner of his family,” he said.

Both men were denied bail and the court set January 8 for mention.

Earlier, the two men, who are also facing five other charges under the Environmental Quality Act 1974 and the Water Service Industry Act 2006, were brought to court at 9.45am accompanied by police personnel from the Serious Crimes Division (D9) of the Gombak district police headquarters.

Nathan also pleaded not guilty before magistrate Nik Mohd Fadli Nik Azlan to a charge of conducting business activities at the same premises without a licence, with the case also set for mention on January 8. – Bernama, November 23, 2020