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KOTA KINABALU (Mar 12): One of the 13 suspected members of “Geng Upik” filed for bail at the High Court here on Tuesday.
Counsel Datuk Ram Singh, who represented businessman Nelson Yen Yee Chung, 46, told the High Court presided by Judicial Commissioner Datuk Faridz Gohim Abdullah that the notice of motion and the affidavit had been sent by courier to Putrajaya on March 5 and a copy was also dispatched to the Attorney General’s Chambers Sabah Branch on the same day.
Ram said that he understood that the Deputy Public Prosecutor (DPP) handling the case was from Putrajaya (Attorney General’s Chambers) and sought direction from the High Court whether parties can submit and reply to the affidavit together.
Faridz fixed May 6 for the decision and also directed the prosecution (respondent) to file an affidavit on or prior to April 12 and reply by the applicant on April 19.
The court also ordered for the written submission to be filed together on or before April 26 and reply, if any, on or before May 3.
Meanwhile, DPP Afiq Agoes, who was standing in for DPP Lina Hanini Ismail, applied for a month adjournment as the DPP in charge needed to reply to the affidavit and to arrange with the Prison Department for the applicant’s medical inspection.
On January 22, Nelson, together with Pakat Sabah Malaysia patron Datuk Maslan Sani, 41, former Tawau CID officer Inspector Rahman Buriin, 44, General Operation Force personnel Sergeant Jaisalfian Jaineh @ Zaini, 45, Mohd Fauzie Rablin, 33, Shahlan Shah Abdul Samad, 37, Mohd Faridzul Asmahadi, 31, Fazrul Bahar, 32, Alkan Abraham, 35, Mazlan Mahmud, 41, and Mahathir Jibrail, 49, were charged under Section 130V(1) of the Penal Code with being members of the criminal organisation.
On March 1, two more people, Norsyafilah Pawawoi, 27, and Zulkahar Dusing, 28, were charged under the same Section.
The indictment provides for a jail term of not less than five years and not more than 20 years, upon conviction.
No plea was taken from them as it would only be recorded once their case has been transferred to the High Court.
The 13 accused have been ordered to be further remanded pending the next mention of their case on March 22.