http://www.theborneopost.com/2013/09/18/nov-1-pre-trial-case-management-for-terrorism-accused/
Nov 1 pre-trial case management for terrorism accused
by Suriani Andokong. Posted on September 18, 2013, Wednesday
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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.