KOTA KINABALU: A Filipina widow detained under the Security Offences (Special Measures) Act 2012 (Sosma) has been, in what was a landmark decision, granted bail by the High Court here on Friday (March 3).
Kota Kinabalu High Court Judge Datuk Christopher Chin Soo Yin overturned a lower court’s previous decision not to grant bail to Divina Gutierez Sanchez, 46, after hearing submissions from both the prosecution and defence.
He then filed a revision with the High Court and after hearing submissions from Rakhbir and from Deputy Public Prosecutor Afiq Agoes, Judge Chin then delivered the verdict on Sanchez’s bail. He added that Section 26A of Atipsom which is the section the applicant was charged under is encompassed in the First Schedule to Sosma, hence, the grant of bail is governed by Section 13 of Sosma and not by Section 388 of the Criminal Procedure Code .
The Judge also ordered the accused to fulfil several conditions including reporting herself to the police station in the Penampang district near here on the first and 15th of every month.
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