A three-member bench chaired by Justice Che Ruzima Ghazali said the AG, who is also the public prosecutor, is also vested with power under Section 177A to institute proceedings in a High Court.
“Our stand is that the AG has been given wide discretionary power under Article 145 of the Federal Constitution to begin a criminal action in the High Court or a lower court,” the judge said.
Che Ruzima, who sat with Justices Azman Abdullah and Azmi Ariffin, said this in allowing the prosecution’s appeal to set aside a High Court order that the kidnap case be heard by a sessions court judge.
The bench also ordered that the case be heard by the same High Court judge before whom it was called up last year.
The case is now slated to be mentioned before Justice K Muniandy on Aug 14.
Last year, Muniandy transferred the case, brought under Section 3(1) of the Kidnapping Act 1961, to a sessions court as the punishment prescribed for the offence no longer carries the death penalty.
Under an amendment to the law which came into force last year, those convicted may now be jailed for between 30 and 40 years. Male offenders below 50 may also be whipped up to 24 times.
Previously, kidnapping cases under the provision would be heard in the High Court as the trial judge was given the discretion to impose the death penalty or natural life imprisonment, and whipping for male offenders under 50.
The 13 alleged to have been involved in the kidnapping of the Palestinian man were originally charged in the magistrates’ court.
They are Edy Koim Said, Norakmal Hassan, Dody Junaidi, Tengku Arif Bongsu Tengku Hamid, Naziree Mustapha, Faizull Hardrey Isa, Iqmal Abdul Rahis, Sufian Saly, Al-Hatim Fauzi, Raibafie Amdan, Zaidi Zain, Tengku Hazarul Ismail Tengku Hamid and Nidarahayu Zainal.
They were accused of committing the offence at Jalan Mayang in Kuala Lumpur on Sept 28 last year to force him to deactivate a computer software and hack into mobile phones.
The case was transferred to the High Court since the magistrate did not have the jurisdiction to hear the matter.
However, Muniandy sent the case to the sessions court following the coming into force of the Abolition of Mandatory Death Penalty Act 2023, giving rise to the present appeal.
On Feb 2, they pleaded not guilty before sessions court judge Siti Aminah Ghazali.
However, they were denied bail, with Siti Aminah ordering that they be remanded in prison pending the disposal of the case.