Pakistani national refused bail

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KOTA KINABALU: The High Court here yesterday dismissed the bail application by the Pakistani man who was charged with culpable homicide not amounting to murder of a 16-year-old girl whose body was found by the roadside in Kota Marudu.

Judge Ravinthran N. Paramaguru made the decision on Amir Ali Khan Nawatay, 40, who was not present in court yesterday, after going through the written submissions by both the applicant and respondent.

“The applicant (Ali) is a Pakistani national and although he is a permanent resident here, he could go back to his country. Therefore I dismiss the application for bail,” the judge ruled.

The accused who was defended by counsel Rakhbir Singh was alleged to have committed the offence inside a moving lorry along Jalan KM2.8 Langkon from Kota Marudu, between 11am and 12.30pm on Nov 25.

Amir, who is a trader from Buner, Pakistan, was charged under Section 304 (b) of the Penal Code which carries a maximum jail of 10 years or with a fine or with both.

Under the provision that carries a maximum jail of 10 years or with a fine or with both, it describes that if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

The accused will stand trial in the Sessions Court here on Feb 7 – Feb 8 next year while his case management is set on Jan 14.

Amir Ali will be remanded further in custody under Section 259 of the Criminal Procedure Code, pending disposal of his case.

Earlier, deputy public prosecutor (DPP) Raja Zaizul Faridah Raja Zaharuddin for the respondent maintained the prosecution’s stand to strongly object to bail pending trial taking into account that the alleged offence against the applicant is a non-bailable offence.

The prosecution’s written submission stated that there was a high probability that the applicant would abscond before his trial, adding that Amir Ali is a passport holder which is still being investigated under Regulation 39(b) of the Immigration Regulations 1963.

The case has been highly sensationalised in Sabah and if the applicant is released on bail, his life might be in danger and that would cause him to abscond, she added.

In his rebut, Singh submitted that through a case it said that if the court decides that one of the conditions of bail requires that the accused surrenders his passport, it is immaterial whether the accused is a citizen of this country or a foreigner or whether he is holding a Malaysian passport or a passport issued by a foreign government.

He explained that before our court, no one is to be treated differently as under the Federal Constitution all persons are equal before the law and entitled to equal protection of the law.

Singh added that everything said about this case was based on speculation.

DPP Uma Devi Balasubramaniam assisted Raja Zaizul Faridah.

It was reported on newspapers that the accused was first arrested by the police on Nov 26 in connection with the death of the girl whose body was found with head injuries by the side of the road leading to Kampung Ranau.

The death of the girl who originated from Kota Marudu has sparked huge interest as well as speculations from the public, bloggers and politicians.

Several social network sites and blogs on the Internet have claimed that the victim was gang-raped by five Pakistani men before killing and dumping her body by the roadside.

This case was first brought to the court on Dec 18.