In an oral judgment, judicial commissioner Azhar Abdul Hamid said the charge faced by R Nathan is a security offence under the ambit of the Security Offences (Special Measures) Act 2012 (Sosma).

“He also does not fall under the exception of Section 13 of Sosma to be given bail,” Azhar said.

That provision states that bail may be offered to a detainee who is under 18 years of age, a woman, or if the individual is sick or infirm.

Nathan’s lawyer, T Harpal Singh, said Azhar also did not consider bail under Section 388 of the Criminal Procedure Code.

“I have instructions to file an appeal in the Court of Appeal,” he told FMT.

Nathan, who has been in Sungai Buloh prison over the last six months, was present in court when Azhar delivered his verdict.

In November last year, he and company director Lim Kian Aik, 42, claimed trial on a charge of intentionally committing sabotage to disrupt water services in Selangor at Taman Velox, Rawang, an offence under Section 124k of the Penal Code.

The duo will be tried before Azhar but a trial date has yet to be fixed.

Both men also face five other charges under the Environmental Quality Act 1974 and the Water Service Industry Act 2006 in the sessions court.

Nathan had also pleaded not guilty before a magistrate for conducting business activities without a licence.

The Court of Appeal, in a 2-1 verdict in April, allowed Lim bail of RM50,000 as he was confirmed to be suffering from acute coronary syndrome.