KUALA LUMPUR – Will the absence of diplomatic ties with Israel be an obstacle for Malaysia to charge the recently arrested 38-year-old Israeli?
Speaking to Scoop, legal experts said that the arrested individual from Israel will not be exempted from possibly facing criminal charges in Malaysia, even in the absence of diplomatic ties with Israel.
Former Court of Appeal judge Datuk Hamid Sultan Abu Backer said once a foreign person is in Malaysia, all laws including the Security Offences (Special Measures) Act 2012 (Sosma) will apply unless the person has diplomatic immunity.
“However, diplomatic immunity is not relevant in this case as it may involve the nation’s security, as well as weak border security and immigration officers.
“During the Indonesian Confrontation during Sukarno’s administration, we had security problems and several case laws to guide the courts.
“(But) at this stage, our police and security agencies are well equipped to handle the case according to law,” he said.
He also said that if the suspect is brought to face charges in court, the court is unlikely to release him on bail due to guns recovered from his possessions.
“Conviction is most likely unless he has a different version to tell the court.
“He is entitled to be defended in court by any member of the Malaysian Bar. The suspect’s nationality of being an Israeli does not deprive him of being defended by the Bar,” he said.
Laws apply equally to everyone
Meanwhile, prominent lawyer Datuk Seri Rajan Navaratnam said that Malaysia’s law applies equally to both its citizens and non-Malaysians for any crime committed here.
Therefore, foreigners must abide by local laws and regulations.
“Malaysia does not have diplomatic relations with Israel, and Israeli passport holders are forbidden to enter the country unless they secure written permission from the Home Ministry.
“No country can demand the release of their citizens if they are arrested and charged for an offence in Malaysia.
“Since Malaysia has no diplomatic relations with Israel, Malaysia has no obligations to notify the state if any of their citizens were arrested and charged.
“The law applies both ways. Malaysians too can be arrested and charged by any foreign country if the acts committed contravene their local laws,” he said when contacted.
Rajan added that in some instances, the government may classify a person as “persona non grata,” in which the individual would be deported back to his country of origin after serving the sentence in Malaysia. They would also be banned from returning here.
Rajan also said that since police have claimed to have found six guns in his hotel room, the Israeli could be facing criminal charges in court for firearm possession.
“A person who unlawfully possesses a firearm can be charged under the Arms Act 1960 and the Firearms (Increased Penalties) Act 1971.
“in this regard, Section 3 of the act states that no person shall have firearms or ammunition in his possession, custody, or control unless he possesses an arms license.
“Any individual charged under these acts is liable to a maximum of seven years’ imprisonment or a fine not exceeding RM10,000 or both, upon conviction.
“In this case, he was found to possess six different firearms and bullets.
“The suspect could face several charges for the guns found in his possession and additionally further be charged for possessing bullets without a license.
“Alternatively, he could also be charged under a more severe law, which is Section 8 of the Firearms (Increased Penalties) Act for unlawful possession of firearms. This carries a punishment of imprisonment that may extend up to 14 years and with whipping of not less than six strokes,” he said.
“It must be borne in mind that any person charged under the Firearms (Increased Penalties) Act would not be eligible for bail as provided for under Section 12 of the same act,” he added.
He said that there is also a possibility of the Israeli national being charged under the Immigration Act 1959/63 for not having prior written authorisation from the Home Ministry.
The arrest
On March 29, Inspector-General of Police Tan Sri Razarudin Husain said that police had arrested an Israeli national with six guns of various types at a hotel in Jalan Ampang.
He said that the 38-year-old entered the country via Kuala Lumpur International Airport with a French passport on March 12. He then produced his Israeli passport during questioning.
Razarudin said that the individual did not want to reveal his actual job. Police also did not rule out if the man was linked to the Israeli intelligence agency Mossad.
On March 30, the top cop told Scoop that police had arrested a local couple on suspicion of supplying firearms to the apprehended Israeli man.
Razarudin said that the couple, aged 42 and 40, were arrested in Kuala Selangor and taken to their residence before a gun was found in a backpack in their car.
He said the male suspect is believed to be the individual responsible for supplying the six guns to the Israeli citizen, and that the couple admitted to purchasing the firearm from Thailand.
Razarudin also said that police are probing all angles regarding the arrest of the Israeli national. – April 1, 2024