The Shah Alam High Court, however, allowed the application for bail by eight women, including the wife of Global Ikhwan Services and Business (GISB) Holdings’ chief executive officer and chairman Nasiruddin Mohd Ali.
KAJANG, Selangor: Malaysia’s Shah Alam High Court on Monday (Mar 24) denied bail to the chief executive officer and chairman of an Islamic conglomerate – along with 12 other men – who are facing charges for being members of an organised criminal group in a high-profile case that saw hundreds of children rescued from the group’s welfare homes last year.
Judge Latifah Mohd Tahar dismissed the applications by Global Ikhwan Services and Business (GISB) Holdings’ Nasiruddin Mohd Ali and 12 other male members of the group. They include Adib At-Tamimi, who is the son of Al-Arqam’s founder Ashaari Muhammad.
Al-Arqam is an Islamic movement that was banned by Malaysian religious authorities in 1994 for deviant practices.
Latifah said that the 13 men had failed to meet the conditions as provided for under Section 13 of the Security Offences (Special Measures) Act or SOSMA. According to local media, SOSMA provides for special measures relating to offences against the state to maintain public order and security, and all related matters.
The court, however, allowed the application for bail by eight women, including Nasiruddin’s wife – 58-year-old Azura Md Yusof. Each of the women was allowed bail of RM40,000 (US$9,000) with two sureties.
GISB Holdings – a controversial Malaysian conglomerate said to have some 10,000 followers – dominated domestic and international headlines last year for allegations of sexual abuse, human trafficking and religious deviance among others.
Nasiruddin was among seven GISB members, aged between 52 to 66, who had submitted health reports to be granted bail that were rejected by the Shah Alam High Court for not presenting sufficient evidence.
“The court finds that the applicant (Nasiruddin) failed to fulfill any conditions stipulated under the section,” Latifah was quoted as saying by local news outlet the New Straits Times, referring to the SOSMA Act.
While the court has confirmed 66-year-old Nasiruddin to suffer from chronic diseases including hypertension and diabetes, Latifah said that he is being treated and under medication.
Nasiruddin’s latest medical report also showed his condition to be “under control” while physical checks have confirmed that he is able to walk to the prison clinic without any breathing difficulties.
“The court finds the applicant failed to present any evidence that he will not have access to medication if he remains in prison,” she added, highlighting that the Sungai Buloh prison he is currently held at has adequate medical facilities to treat him if there are complications.
Latifah also dismissed the applications of the six other men without medical reports, including Adib At-Tamimi, whom she said were not within the category stipulated for exemption from detention under SOSMA, Free Malaysia Today (FMT) reported.
As for the eight women granted bail, Latifah has ordered them to report to the nearest police station to their address every two weeks as well as to not harass any witnesses.
“There is no evidence in the (public prosecutor’s) reply affidavit to show (that) the applicants have a risk of absconding. The affidavit only states that there is a very high probability the applicants will contact or meet with witnesses or victims and may try to influence them,” the judge was quoted as saying by FMT.
The eight women, aged between 28 and 59, have also been ordered to attend court proceedings and produce sick leave through their bailors if they were absent.
“The applicants must adhere to the bail conditions. Otherwise, the court can issue arrest warrants, have the bail seized, raised or cancelled and the applicants will be put in jail,” she said, according to the New Straits Times.
On Oct 23 last year, 22 members of GISB Holdings were charged at the Selayang Sessions Court in Selangor state for being alleged members of an organised crime in Jalan Desa Bandar Country Homes, Rawang between October 2020 and Sep 11 last year.
They were charged under Section 130V(1) of the Penal Code which carries a jail term of between five and 20 years, if convicted.
No plea was recorded as the SOSMA Act was invoked, which means the case falls under the jurisdiction of the High Court, local media reported.
An accountant from GISB Holdings, 73-year-old Hamimah Yakub, was also among the 22 charged in October but she was released on bail earlier on Jan 13.
FMT reported then that she was bailed at RM40,000 with two sureties.
Latifah – who had also presided over that case in January – had said that the decision took into consideration the lack of objections from the prosecution and that Hamimah, as a woman, fell under exemptions stipulated under the SOSMA Act.
“The court also considered the age of the applicant, who is now 73, and submitted evidence of her health problems,” Latifah said then.
Like the eight other women that were granted bail on Monday, Hamimah was also prohibited from contacting any of the prosecution witnesses. She is also required to report to the Kajang police headquarters every two weeks until the trial ends.
Section 13(2)(b) of SOSMA specifically allows for consideration of release under bail for women, minors or those suffering from severe illness, FMT reported.
Hamimah’s lawyer Kamal Hisham Jaafar had argued in January that she suffered from multiple health conditions, including asthma, diabetes, hypertension and chronic eczema.
At least seven states – Perlis, Selangor, Pahang, Sabah, Melaka, Penang and Johor – have declared the teachings and practices of GISB Holdings as deviant.
Malaysian authorities began their operations against GISB on Sept 11 last year, with over 625 victims aged between two months and 28 years old rescued.