Nov 1 pre-trial case management for terrorism accused
by Suriani Andokong. Posted on September 18, 2013, Wednesday
Read more: http://www.theborneopost.com/2013/09/18/nov-1-pre-trial-case-management-for-terrorism-accused/#ixzz2fCpMAz7i
KOTA KINABALU: The High here yesterday set November 1 this year for the pre-trial case management of the case of 30 accused persons who were charged with waging war against the Yang di-Pertuan Agong, being a member of a terrorist group, harbouring terrorist members and recruiting other persons to be a member of a terrorist group.
Judge Stephen Chung fixed the date to re-mention the case after Peninsular-based senior lawyer Datuk N Sivananthan for the 27 accused applied for an adjournment when the case came up for trial yesterday.
Sivananthan told the court that he needed ample time to peruse into certain documents, especially the satellite images and the Unmanned Aerial Vehicle (UAV) images for the case.
He requested for the pre-trial case management to be set on November 1 this year and suggested that possibly for the trial to be heard in January or February next year.
Attorney General Tan Sri Abdul Gani Patail, who led the prosecution, raised no objection and agreed with the mention date.
Abdul Gani also said that the prosecution would provide all the necessary documents to all the counsel involved and he also informed the court they had just received some forensic documents regarding this case about two weeks ago.
The hearing was held at a hall of the Kepayan prison with tight security and the media were only allowed to bring their pens and notebooks.
There were limited seats provided for the media as well as the public and some of media have to wait outside the hall as the seats were fulled.
Armed security forces were seen moving around the prison areas.
Photographers and cameramen were waiting at the entrance gate as no cameras and gadgets were allowed.
After the proceedings ended, each accused was escorted by one policeman.
The self-styled Sultanate of Sulu Jamalul Kiram’s nephew, Datu Amirbahar Hushin Kiram, Ismail Hj Yassin, Basad H. Manuel, Binhar Salip Akhmad, Anwar Salip Akhmad and Atik Husin Abu Bakar Salib Akhmad Emali, Mohamad Ali Ahmad, Pabblo Alie, Abd Hadi Mawan, Dani Ismail, Saidali Jaharul, Totoh Hismullah, Basil Samiul, Rizman Gulan, Abdul Majil Jubin, Rijmal Salleh, Julham Rashid, Tani Lahad Dahi, Al Wazir Osman @ Abdul, Virgilio Nemar Patulada@ Mohammad Alam Patulada and Masir Adin, were accused of waging war against the Yang di-Pertuan Agong between February 9 and April 15, 2013.
They were caught for allegedly committing the offence at Kampung Tanduo, Kampung Tanjung Labian, Jalan Kastam, Jalan Ulu Tungku and Ladang Atlast 2 in Lahad Datu areas, Kampung Perigi, Kampung Simunul, Kampung Bakau and Jalan Lihak-Lihak in Semporna areas, Kampung Madai in Kunak and Kampung Muanad in Beluran.
The indictment came under Section 121 of the Penal Code which is punishable by death sentence or life imprisonment and also liable to a fine upon conviction.
In the second case, Ismail, Basad, Binhar, Anwar and Atik with Amirbahar, Mohamad Ali, Pabblo, Abd Hadi, Dani, Saidali, Totoh, Basil, Rizman, Abdul Majil, Rijmal, Julham, Tani, Al Wazir, Virgilio, Masir, Aiman Radie, Timhar Hadir, Holland Kalbi, Lin Mad Salleh and Habil Suhaili were charged with being a member of a terrorist group at the same places and dates.
The charges were framed under Section 130KA of the Penal Code which provides for life imprisonment and also liable to a fine upon conviction.
The third case, involving a woman, Norhaida Ibhani and Salip Akhmad were charged with protecting a group of people in which they have reasons to believe that they are members of a terrorist group between February 9 and March 25, 2013 at an unnumbered house at Kampung Sri Melor, Bugaya in Semporna and Ladang Atlast 2, Jalan Ulu Tungku in Lahad Datu respectively.
The duo were charged under Section 130K of the Penal Code which carries life imprisonment and also liable to a fine upon conviction.
The fourth case involves Kadir Uyung and Lating Tiong who face charges of trying to hide the members of a terrorist group in front of a post of the General Operation Force (PGA) at Tanjung Labian in Lahad Datu at 4.30pm on March 4, 2013.
The charge under Section 130K of the Penal Code, read together with Section 511 of the Penal Code carries life imprisonment and also liable to a fine upon conviction.
Meanwhile, Salip was also charged with recruiting other persons to be a member of a terrorist group at Ladang Atlast 2, Jalan Ulu Tungku in Lahad Datu between February 9 and February 25, 2013.
He faces a jail term of up to 30 years and also liable to a fine if found guilty under Section 130E of the Penal Code.
Earlier, the court dismissed a preliminary objection raised by counsel Rowiena Rasad for Pabblo, who contended that the charge framed against his client was defective.
The judge ruled that the charge was properly drafted and consists of enough particulars to enable the accused (Pabblo) to proceed with the trial.
After reading the charge, the court held that there was no error or omission in the charge and there was no reason given as to how Pabblo was maybe misled by such error or omission.
The judge added that the charges were read to all the 30 accused persons before the previous presiding judge and counsel for the 30 accused did not object to a joint trial of this case.
Abdul Gani was assisted by deputy public prosecutors Abdul Wahad Mohamed, Ishak Mad Yusoff, Mohd Dusuki Mokhtar, Cheng Heng Kher and Anati Kisahi while counsels Kamarudin Mohd Chinki, Ram Singh and YS Lo for Mohammad Ali; Sivananthan with counsel James Tsai, Stella Simon, Zaleha Mohd Yusof Pan, Majnah Abdillah and Teressa represented Ismail, Basad, Binhar, Anwar, Atik, Amirbahar, Salip, Dani, Saidali, Totoh, Basil, Rizman, Abdul Majil, Rijmal, Julham, Tani, Al Wazir, Virgilio, Masir, Aiman, Timhar, Holland, Lin, Norhaida, Kadir and Lating.