Delay in releasing Sosma detainee on bail a ‘grave prejudice’ – lawyer

A lawyer has criticised the prosecution’s “delay tactics” in the bail application for a man detained under the Security Offences (Special Measures) Act (Sosma) since June 2022.

Lawyer Yoges M Verasuntharam said today’s hearing was supposed to decide on the bail application for Sosma detainee, N Vijendran.

Instead, the decision was postponed to next Tuesday because the prosecution decided to apply in court today to attach an electronic monitoring device (EMD) on Vijendran, she said.

“They (the prosecution) are fine with the bail application but there was a request by the deputy public prosecutor (DPP) to put in an EMD (because they feel) the EMD is necessary to control and monitor the movement (of Vijendran).

“But we totally disagree because if you think the person really needed the bail, there is a clause under Sosma which clearly says you can arrest that person, put an EMD and can even start the investigation.

“Instead, they waited until a bail application was put in by us, then only they applied for the EMD.

“Personally, I think it is a delay (tactic) and it is considered an injustice to the accused,” Yoges said in a press conference outside the Shah Alam High Court today after the hearing.

She added the prosecution could have even arranged for an EMD to be brought to court today to execute their application immediately, instead of postponing the decision to next Tuesday.

“Of course, we are very grateful there is no objection with regard to the bail but definitely the delay is a serious and grave prejudice on that side,” she said.

Yoges said the process that is expected to take place next Tuesday is that upon getting the court’s order for the EMD, the investigating officer will get the EMD, go back to court and get it fixed on Vijendran before he is allowed to leave under bail.

Vijendran is one of 34 individuals who have been held under Sosma since June 23, 2022, whose case is being facilitated by the activist group, Suaram.

Yoges said Vijendran suffers from various chronic illnesses and requires regular dialysis treatments.

He also suffered a stroke while under Sosma detention recently, she added.

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