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2020 MarsdenLR 1705

HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
RAZIS AWANG – Respondent


Petitioner Advocates:Munirah Shamsuddin@Bahrum ,Respondent Advocate: Syahredzan Johan,Louis Liaw

JUDGMENT

Azman Abdullah J:

Case Background

[1] The accused was charged in this court with two counts of offences. The first count relates to an offence in contravention of s 130J(1)(a) of the Penal Code of giving support to a terrorist group of "Islamic State" by making loyalty pledge (Bai'ah). The second count refers to a contravention of s 130JB(1)(a) of the for possessing nine photographs relating to the said group.

[2] As these offending sections fall under the First Schedule of the Security Offences (Special Measures) Act 2012 [" SOSMA "] both charges were tried in the High court and the accused was not given bail.

[3] The prosecution has called one protected witness PW4 to establish their case along with 11 other witnesses pursuant to the provisions in SOSMA .

[4] Besides PW1- Inspector Mohd Fahmi bin Mohamad Tarmizi from the Royal Malaysian Police Special Branch Counter Terrorism Division [E8] who was a complainant as their main witness, the prosecution also called expert witnesses on terrorist group of Islamic State [IS], PW8 Ustaz Ahmad El Muhammady bin Uthman El Muhammady and PW9 Dr Ahmad Najaa' bin Mohktar.

[5] At the end of trial, this court found the accused guilty of

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