Post by : Rohit Dhiman

A Malaysian High Court has issued an arrest warrant for one of eight men currently facing trial over the alleged Palestinian kidnapping case in Kuala Lumpur in 2022. The warrant was issued against 31-year-old Iqmal Abdul Rahis after prosecutors told the court that authorities had been unable to locate him despite repeated efforts. The latest development adds a new legal complication to a case that has been before Malaysian courts since 2022. The authorities had reportedly been searching for Iqmal since Sept 11 and had also travelled to his hometown in Banting, Selangor, in an attempt to determine his whereabouts.

High Court Issues Arrest Warrant

During case management proceedings, deputy public prosecutor Zaileen Nadia Zubir informed the court that attempts to locate Iqmal had not produced results. According to the prosecution, authorities had checked his hometown, but his father said that Iqmal had not returned there since January. The court was also told that Iqmal's bailor had tried to assist in locating him. However, his siblings were reportedly unable to provide information about where he was. Following the submissions, High Court judge Arief Emran Arifin issued an arrest warrant against Iqmal. The judge also ordered the RM50,000 bail amount to be returned to the bailor, taking into account the efforts made to help locate the accused.

Case Involves Eight Accused

Iqmal is one of eight men currently facing charges connected with the alleged Palestinian kidnapping. The other accused are Tengku Arif Bongsu Tengku Hamid, Naziree Mustapha, Faizull Hardey Isa, Zaidi Zain, Nidarahayu Zainal, Raibafie Amdan and Edy Ko'im Said. The trial involving the eight accused began in July last year. It had been scheduled to continue for eight days from Oct 12. The latest court development concerns only Iqmal's failure to be located. It does not by itself determine the guilt or innocence of any of the accused.

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What Happened in September 2022?

According to the prosecution's charge, the accused allegedly acted with a common intention to detain Omar ZM Al-Belbaisy, a 31-year-old Palestinian man, at Jalan Mayang in the Dang Wangi area at about 10.40pm on Sept 28, 2022. The prosecution alleges that the purpose of the detention was to obtain information connected with computer software used to hack mobile phones. The case has therefore attracted attention not only because of the alleged kidnapping case, but also because of the alleged link to mobile phone hacking technology. Earlier Bernama reporting said the victim was allegedly detained to obtain confidential information about software used to create and deactivate programs capable of hacking mobile phones.

Charges Under Malaysia's Kidnapping Law

All eight accused are facing charges under Section 3 of the Kidnapping Act. If convicted, the offence carries a prison sentence of between 30 and 40 years and caning, according to the charge reported by the court. The current proceedings are part of a case that has gone through several stages in Malaysia's court system. In August 2024, Malaysia's Court of Appeal ruled that the case should be heard in the High Court rather than the Sessions Court. The accused remain entitled to due process, and allegations made in the charges must be proven in court.

Money Laundering Charges Also Filed

The kidnapping allegations are not the only charges faced by some of the accused. Tengku Arif Bongsu, along with married couple Nidarahayu and Raibafie, also face 19 money laundering charges involving more than RM250,000, according to the latest court report. The additional charges form a separate part of the wider legal proceedings surrounding the case.

How the Case Reached This Stage

The case dates back to October 2022, when a larger group of people was initially charged in connection with the alleged abduction. Earlier proceedings involved 14 people. In July last year, six of them were sentenced to five years in prison after pleading guilty to an alternative charge involving the abduction and confinement of the victim. The current proceedings involving the remaining eight accused have continued separately. Bernama previously reported that the broader case initially involved 14 accused and that the High Court later granted each of them RM50,000 bail with two sureties, along with conditions including regular police reporting and surrender of passports.

Why the Latest Court Order Matters

The immediate issue before the court is the whereabouts of Iqmal Abdul Rahis. Prosecutors said authorities had been unable to locate him despite efforts that included visiting his hometown. The arrest warrant gives law enforcement the legal basis to arrest him if he is located. His disappearance from the authorities' reach also means the court proceedings involving him face an additional procedural issue. The next stage of the case will depend on whether Iqmal can be located and brought before the court, while the wider trial involving the other accused proceeds according to the court's schedule.

A Long-Running Case Still Before the Court

The Malaysian Palestinian kidnapping case has remained in the legal system for several years, moving through different court stages since the alleged incident in September 2022. At the centre of the prosecution's case is the allegation that the Palestinian victim was detained to obtain information related to software capable of hacking mobile phones. The current development involving Iqmal is focused on his whereabouts and compliance with the court process. As proceedings continue, the court will determine the allegations against the accused based on the evidence presented during the trial.

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