NINE FILIPINOS GET
LIFE FOR LAHAD DATU INTRUSION
NINE Filipinos, who were involved with the Lahad Datu intrusion three years ago, will be jailed for life after being found guilty of treason and being members of a terrorist group.
They include Datu Amirbahar Hushin Kiram, 53, the nephew of the late self-proclaimed Sulu sultan Jamalul Kiram III, who masterminded the intrusion.
Others were Atik Hussin Abu Bakar, 45; Basad H. Manuel, 41; Ismail Yasin, 76; Virgilio Nemar Patulada @ Mohammad Alam, 52; Salib Akhmad Emali, 63; Al Wazir Osman, 61; Tani Lahaddahi, 63; and Julham Rashid, 69.
They appeared calm as High Court judge Stephen Chung Hian Guan delivered the sentences.
They were among 17 accused, including three Malaysians, sentenced by Chung after hearing mitigation pleas by counsel and submissions by the deputy public prosecutor.
All nine accused were found guilty under Section 121 of the Penal Code, which carries the death sentence or life imprisonment.
Deputy public prosecutor Mohd Dusuki Mokhtar urged the court to impose the maximum penalty as this was the first waging of war offence by foreigners in the country, saying it would set the benchmark and deter future offenders.
It was also the first case where members of a terrorist group were prosecuted and penalised under the Section 130KA, which carries imprisonment that may be extended for life.
“Public interest must be considered. A lesser sentence will not deter offenders from carrying out the offence and we have to show we are serious in combating terrorism.
“The interest of the accused persons individually should not override the interest of the public as a whole. Terrorism has become a global threat and we should not let our country become a terrorists’ haven.
“Mitigating factors advanced by the defence have to be assessed carefully. This kind of offence is an offence against society and the community at large, and maximum punishment should be meted out to prevent the recurrence of this kind of offence and to preserve the dignity and sovereignty of our country.
“This group has caused damage and the court has to consider the security officers who died in the line of duty,” Dusuki said.
In his mitigation, counsel Datuk N. Sivananthan, who represented the Filipino accused, said his clients should be given life imprisonment as they were merely followers.
“The role played by the accused persons showed they were not responsible for starting the war. They were the ones who foolishly followed. The Royal Security Force is not a declared terrorists group.
“They became a terrorist group only when they landed in Kampung Tanduo. The only law we have is a test of who played a dominant role and who played a less dominant one. They did not have a prominent role,” said Sivananthan, adding that imprisonment for life would be a warning to future offenders.
In passing sentence, Chung said the death penalty prescribed under Section 121 was not mandatory.
“There has been debate that the death penalty should be abolished because it is cruel, degrading to human dignity and ineffective as a deterrent.
“In this case, the persons convicted under this section may have the death sentence or life imprisonment imposed on them. The sentence passed must be according to law.
“There is no evidence that any of the accused were involved in the skirmish or pulled the trigger in the exchange of fire, which resulted in the deaths of Malaysian security forces.
“There is no evidence that they killed any police or army personnel in cold blood or injured anybody during the skirmish. I bear in mind that families of the victims suffered because of the event.
“Life imprisonment is adequate. This should send a message to others and for that reason, I send them to life in prison.”
Chung sentenced Amirbahar, Salib, Tani, Julham, and Al Wazir to 18 years’ jail, which will run concurrently with the sentence under Section 121, after they were found guilty under Section 130KA of the Penal Code.
Atik, Basad, Ismail, and Virgilio were also sentenced to 13 years’ jail each, along with four other Filipinos — Lin Mad Salleh, 50; Holland Kalbi, 50; Aiman Radie, 20, and Timhal Hadir, 39, who pleaded guilty in February. The sole Filipino woman in the case, Norhaida Ibnahi, 49, was given 10 years’ jail for harbouring a member of a terrorist group.
Three locals, Abdul Hadi Mawan, 52; Pabblo Alie, 66; and Mohamad Ali Ahmad, 41, were each sentenced to 15 years’ in prison.
On Monday, Hadi was found guilty of being member of terrorist group, while Pabblo had, in February, pleaded guilty to soliciting property for the commission of terrorist acts. Ali pleaded guilty to soliciting or giving support to the group.
In representing Hadi, counsel Abdul Ghani Zelika said his client’s involvement with the Sulu sultanate was only when he attended the installation of the Sulu sultan with a friend in the Philippines.
“There is no evidence that he was an active member of the terrorist group and was involved in the skirmishes. He was suspected to have possession of firearms, but when he was arrested, no firearms were found at his house.”
Chung said the accused were to serve their punishment from the date they were arrested.
Present were a team of lawyers led by Kamaruddin Mohamad Chinki, Ali’s counsel, and Putli Noorasikin Datu Ghuklam, who represented Pabblo.