KOTA KINABALU: A Special Branch officer has been jailed the maximum seven years for intentionally withholding information about the Sulu gunmen intrusion in Lahad Datu district last February.
High Court Justice Ravinthran Paramuguru held that the prosecution had proven its case beyond a reasonable doubt against Korp Hassan Basari under Section 130M of the Penal Code for withholding information about the intrusion.
The charge provides for a maximum jail term of seven years.Hassan's counsel, Ram Singh, said they would be appealing against the judgement and sentencing.
Hassan, 58, was found guilty of the offence which took place at the office of the Lahad Datu Special Branch chief between January and March 2 this year.
Ravinthran said he was satisfied with sentencing Hassan with the maximum jail term as the accused was not an ordinary member of the general public.Although an intrusion had not taken place during the time Hassan was told of the impending intrusion by the protected witness, Ravinthran said the intrusion eventually happened and that security forces would have been ready to stop it from happening had Hassan informed the matter to his superiors sooner.
Deputy Public Prosecutor Datuk Nordin Hassan, who asked for a deterrent sentence, told the court the intrusion at Kampung Tanduo in Lahad Datu left a black mark in Malaysia's history and the accused had contributed to this.
"The accused's intention not to inform his superiors resulted in some of our security forces injured and killed while gallantly protecting the country's sovereignty.
"Their families suffered the loss of their loved ones. The government spent lots of money to ensure the safety of the affected people. Not to mention destruction of many properties.
"This is an act of treason on the country because as a police personnel, he (Hassan) was bound to protect the people. Therefore, he is not loyal to the police force," said Nordin.
Hassan was calm during sentencing and shook hands and hugged his family, who were in tears, before being whisked away.
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