KOTA KINABALU: Nine Filipino nationals were spared the noose after the High Court here ordered them to be jailed for life following their conviction for waging war against the Yang di-Pertuan Agong.
The nine included Datu Amirbahar Hushin Kiram, nephew of the late self-styled Sultan Jamalul Kiram III, who ordered the intrusion at Kampung Tanduo in Lahad Datu in February 2013.
High Court judge Justice Stephen Chung also imposed the life sentence on Atik Hussin Abu Bakar, Basad Manuel, Ismail Yasin, Virgilio Nemar Patulada@Mohammad, Salib Akhmad Emali, Al Wazir Osman, Tani Lahad Dahi and Julham Rashid after finding them guilty under Section 121 of the Penal Code.
The nine appeared calm when the sentences were read out at the special High Court in the State Prison Department Hall at Kepayan near here yesterday.
Amirbahar was, however, seen shaking his head slightly when Justice Chung handed down the life sentence on him.
He was also sentenced to 18 years’ jail for being a member of a terrorist group under Section 130KA of the Penal Code.
Justice Chung ordered the jail term to run from the date of his arrest and concurrently with his life sentence.
Also jailed for 18 years for the same offence were Salib, Al Wazir, Tani and Julham.
Justice Chung also ordered Atik, Basad, Ismail and Virgilio as well as fellow Filipino nationals Lin Mad Salleh, Holland Kalbi and Aiman Radie to be jailed for 13 years for the same offence.
Also receiving jail terms were Malaysians Abdul Hadi Mawan, Pabblo Alie and Mohamad Ali Ahmad.
Abdul Hadi, who was convicted under Section 130KA for being a member of a terrorist group, was jailed 15 years along with Timhar Hadir.
Pabblo, who pleaded guilty under Section 130G(c) of the Penal Code to inciting or promoting a terrorist act, also received a 15-year jail sentence together with Mohamad Ali, who also pleaded guilty under Section 130J to soliciting support for a terrorist group.
The only woman to face trial, Norhaida Ibnahi, was jailed for 10 years after being convicted under Section 130K for harbouring a terrorist. She is a Filipino who has been living in Sabah.
Justice Chung said that although the prosecution had urged the court to impose the death penalty on the nine, the imprisonment was adequate.
“They will be imprisoned for the rest of their lives and this will send a strong message to anyone intending to commit a similar act.”
Chung said while he took into account the suffering and pain of the families of the Malaysian security forces personnel killed in skirmishes with Filipino gunmen at Tanduo and Kampung Simunul in Semporna three years ago, there were also other factors to be considered.
Counsel Datuk N. Sivananthan said he would be appealing against the conviction and sentencing of his clients while DPP Mohd Dusuki Mokhtar said he would be appealing against the acquittal of Filipino national Basil Samiul who had been charged under Section 130J for supporting a terrorist group.
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