Nine in Lahad Datu intrusion to hang

  • Nation
  • Tuesday, 16 Jan 2018

PUTRAJAYA: It’s still the gallows. After a lengthy submission by their lawyer and prosecutor, the nine Filipino men convicted of waging war against the Yang di-Pertuan Agong during the Lahad Datu intrusion five years ago will face the death sentence.

Chief Justice Tun Md Raus Sharif said the decision by the five-man panel of the Federal Court was unanimous, adding that it agreed with the Court of Appeal’s decision that the death sentence was the most appropriate, based on the facts of the case.

Chairing the panel, Justice Md Raus dismissed the men’s appeal and upheld the lower court’s decision. The other judges on the Bench were Chief Judge of Malaya Justice Ahmad Maarop, Chief Judge of Sabah and Sarawak Justice Richard Malanjun, and Justices Ramly Ali and Azahar Mohamed.

Justice Md Raus said the panel found that the conviction was safe and that there was no reason to decide otherwise.

The men are Julham Rashid, 70; Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53; Salib Akhmad Emali, 65; Tani Lahad Dahi, 64; Basad Manuel, 42, (who is the son of the late self-proclaimed Sultan of Sulu Jamalul Kiram); Datu Amirbahar Hushin Kiram, 54; Atik Hussin Abu Bakar, 46; Al Wazir Osman @ Abdul, 62; and Ismail Yasin, 77.

They filed their final appeal against the conviction and sentence by the Court of Appeal on June 8 last year. The Court of Appeal had overturned the natural life sentence meted out by the Kota Kinabalu High Court on July 26, 2016.

Separately, the prosecution’s appeal against the acquittal of 14 men for waging war against the Yang di-Pertuan Agong and terrorist-related offences linked to the intrusion at Kampung Tanduo from Feb 12 to April 10, 2013, was dismissed.

The 14 accused are Masir Aidin, 23; Anwar Salib Akhmad, 34; Binhar Salib Akhmad, 32; Rijmal Salleh, 25; Rizman Gulan, 24; Basil Samiul, 38; Saidili Jaharul, 56; Kadir Uyung, 31; Lating Tiong, 21; Dani Ismail, 61; three Filipinos who have Malaysian identity cards Abdul Hadi Mawan, 53; Abdul Majil Jubin, 46; and Totoh Hismullah, 60; and Salib Akhmad Emali, 65, for terrorist-related offences.

The panel delivered its verdict after hearing submissions from parties.

The proceedings were conducted via live feed and members of the media were ushered to the courtroom at 8.30am.

The hearing began with the submission by Deputy Public Prosecutor Wan Shaharuddin Wan Ladin on its appeal against the acquittal of the 14.

He argued that the acquittal should be reversed by the Federal Court.

Counsel N. Sivananthan who appeared for the 13 men, except for Abdul Hadi Mawan, submitted that there was no evidence to show that his clients had committed the offence.

In the appeal hearing for the nine men, Sivananthan submitted that there were no ingredients of waging war and no evidence had been adduced to show that any of his clients fought, shot, killed or committed offences pertaining to waging war.

DPP Awang Armadajaya Awang Mahmud replied that the death of terrorists could not be equated with the death of our law enforcers, adding that terrorists had no right to be in the country in the first place.

In Kota Kinabalu, Sabah police will increase security across the state following the court’s decision.

“We will increase the security”, Sabah Police Commissioner Datuk Ramli Din said when asked whether there would be any tightening of security with the final decision of the courts.

He said the eastern Sabah security under the Eastern Sabah Security Command (ESSCOM) has always been tight to meet any threats.

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