Gobind reminds Saifuddin PH has always opposed Sosma
By New Straits Times - December 14, 2022
KUALA LUMPUR: Damansara Member of Parliament (MP) Gobind Singh Deo has urged Home Minister Senator Datuk Seri Saifuddin Nasution Ismail to reconsider his stance on the Security Offences (Special Measures) Act 2012 (Sosma), stressing that it is against the position taken by Pakatan Harapan (PH).
The former communications and multimedia minister said PH's stance has been that Sosma is 'problematic and needs to be dealt with', adding that Prime Minister Datuk Seri Anwar Ibrahim had said back in 2019 that certain parts of Sosma need to be amended as the law was deemed to be 'too harsh'.
"There is certainly a lot that needs to be done in order to remove these draconian aspects of Sosma. We in PH have been consistent in our quest for change," said Gobind according to local news portal Free Malaysia Today (FMT).
"When faced with legislation that is oppressive in nature, discussions must be carried out and points of view taken into consideration moving ahead in line with our push for reforms.
"I therefore ask that the home minister reconsider his position and review, make the necessary changes to Sosma," he said.
At a press conference yesterday, Saifuddin indicated that the government would not be reviewing Sosma.
When asked by reporters whether Sosma would be reviewed, the PKR secretary-general defended it by saying, "the law allows the court process to take place".
Saifuddin said this was in contrast to the now-defunct Internal Security Act (ISA), which allowed for detention without trial, and the Emergency Ordinances (EO), which allowed for detention of up to 60 days.
"At the end of 28 days, there will only be two recommendations for the detainee (under Sosma); either to charge them in court, or to set them free," he said during a press conference at Bukit Aman.
Gobind, who is a lawyer by profession, noted that Section 4 of Sosma permits a person to be detained for a period of up to 28 days without access to court, stating that this prevents checks and balances on the powers of the investigating authorities.
Gobind stressed that there must be a process that allows a detainee access to court during that time, stating that this is why PH voted against the motion brought by the previous home minister, Datuk Seri Hamzah Zainudin, to extend Section 4(5) of Sosma in Parliament back in March.
Gobind was referring to the five-year extension to Section 4(5) of Sosma, which allowes police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days to facilitate investigations.
The motion, which was retabled by Hamzah back in July, was then passed after bloc voting where 111 MP's (Mermbers of Parliament) voted in support, while 88 MP's were against it. A total of 21 MP's were absent.
Among the other Sosma provisions which Gobind called for a review included Section 13, which relates to bail after an accused is charged. He said it should be reviewed as it provides for the continued detention of a person pending trial, even when facts of the case would not otherwise support the need for such pre-trial detention.
He also noted that Section 30 of Sosma, which permits for an application by the public prosecutor to remand an accused who has been acquitted after trial, where there is an appeal, should also be reviewed.
"The trial and appeal process is lengthy. This means that an accused in a case like this would be held in custody for an indefinite period of time even after an acquittal, which is certainly harsh and oppressive," he said.
Among the other Sosma provisions which Gobind said should be reviewed include provisions for interception of communications (Section 6), securing evidence of witnesses in a manner not seen or heard by an accused or his counsel (Section 14), and provisions which deal with the admissibility of documents and evidence (Sections 20, 22, 23, 24 and 25).