KUCHING: In a landmark decision yesterday, a High Court here has ordered immigration officer Mohd Roslan Marjo, who was charged under Section 26E of Atipsom Act (Anti Trafficking and Smuggling of Migrants Act) 2007, to be released on bail.
Justice Azhahari Kamal ordered Mohd Roslan, who has been detained for two months under Sosma (Security Offences (Special Measures) Act 2012), to be released on a bail of RM50,000 in two sureties.
He also ordered that all 12 charges against the suspect be struck out.
He said based on the facts of the case, it was found that Marjo, who had allegedly issued Malaysian Passports to 12 people, who are Malaysians, did not come within Preambles 1, 2, 3 or 4 of Sosma.
The offences fell within Article 149(1)(e) of the Federal Constitution and were not detrimental to Public Order, he added.
Deputy Public Prosecutor had initially wanted the court to impose RM100,000 cash bail for each of the 12 charges.
However, upon objection by the plaintiff, the court granted RM50,000 bail in two sureties.
On Nov 12, Mohd Roslan Marjo was charged in the Sessions Court with 12 charges under Section 26E of Atipsom but the prosecution used Sosma 2012 to transfer the case to the High Court.
