The charges against 11 of the 27 Filipinos accused of waging conflict against the Malaysian King and being a member of a terrorist group in connection with the Lahad Datu incident that took place in February 2013 were ordered dropped by the High Court of Kota Kinabalu on Friday, February 5, the Philippine Embassy in Kuala Lumpur reported.
In a report to the Department of Foreign Affairs (DFA), the Philippine embassy said Judge Stephen Chung found no prima facie evidence against the Filipinos. The prosecution was given 14 days to file an appeal for the dismissal of the charges. If no appeal is filed, 10 of the 11 acquitted will be released and eventually sent home.
One of the 11, Totoh bin Hismullah may remain in Malaysia as he had been found by the Court to be a Malaysian citizen and no longer a Filipino.
The determination made by the Court is only preliminary and was based on the evidence presented by the Prosecution. A verdict on the culpability, if any, of the 16 remaining accused will not be rendered only after the Defense has completed the presentation of its evidence, which is expected to begin later this month.
Majority of those accused were supposedly members the Sulu Sultanate’s Royal Security Force (RSF). One of those allegedly charged is the nephew of Sulu Sultan Jamalul Kiram III, Datu Amir Bahar, who was captured not in Lahad Datu but in Sandakan.
The accused Filipinos were charged for violating two articles of Malaysia’s Penal Code: Section 122 (waging war against the King); and Section 130 KA (terrorism). While Section 130 KA (terrorism) calls for a jail term of up to 30 years, Section 121 (waging war against the King) can fetch the death penalty.
The Philippine Embassy in Kuala Lumpur has hired the services of Malaysian lawyer Datuk N. Sivananthan, one of the few Asian legal practitioners accredited by the International Criminal Court (ICC) in The Hague, and six Sabah-based counsels to represent the accused.
Their services were paid for by the Philippine government.
The Lahad Datu incident began when a group, all followers of Sultan Kiram, landed in Tanduo village on February 9, 2013 drove out the residents, and occupied it to signify a presence that stood for ownership of the land that belonged to the Sulu Sultanate but passed on by Britain to Malaysia in 1957 after granting independence to its colony once known as Malaya.
It ended with at least three people dead, a still undetermined number of wounded, and several members of the Sultanate of Sulu arrested.
http://www.mb.com.ph/malaysian-court-drops-charges-against-11-filipinos-accused-of-waging-discord/
In a report to the Department of Foreign Affairs (DFA), the Philippine embassy said Judge Stephen Chung found no prima facie evidence against the Filipinos. The prosecution was given 14 days to file an appeal for the dismissal of the charges. If no appeal is filed, 10 of the 11 acquitted will be released and eventually sent home.
One of the 11, Totoh bin Hismullah may remain in Malaysia as he had been found by the Court to be a Malaysian citizen and no longer a Filipino.
The remaining 16 Filipinos, however, have been ordered by the Court to present, through their legal counsel, evidence in their defense after prima facie evidence were found against them. This will give the Defense side an opportunity to rebut the Prosecution’s evidence.
Majority of those accused were supposedly members the Sulu Sultanate’s Royal Security Force (RSF). One of those allegedly charged is the nephew of Sulu Sultan Jamalul Kiram III, Datu Amir Bahar, who was captured not in Lahad Datu but in Sandakan.
The accused Filipinos were charged for violating two articles of Malaysia’s Penal Code: Section 122 (waging war against the King); and Section 130 KA (terrorism). While Section 130 KA (terrorism) calls for a jail term of up to 30 years, Section 121 (waging war against the King) can fetch the death penalty.
The Philippine Embassy in Kuala Lumpur has hired the services of Malaysian lawyer Datuk N. Sivananthan, one of the few Asian legal practitioners accredited by the International Criminal Court (ICC) in The Hague, and six Sabah-based counsels to represent the accused.
Their services were paid for by the Philippine government.
The Lahad Datu incident began when a group, all followers of Sultan Kiram, landed in Tanduo village on February 9, 2013 drove out the residents, and occupied it to signify a presence that stood for ownership of the land that belonged to the Sulu Sultanate but passed on by Britain to Malaysia in 1957 after granting independence to its colony once known as Malaya.
It ended with at least three people dead, a still undetermined number of wounded, and several members of the Sultanate of Sulu arrested.
http://www.mb.com.ph/malaysian-court-drops-charges-against-11-filipinos-accused-of-waging-discord/
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