Three Malaysians, 16 others, to enter defence over Lahad Datu intrusion

From the Malay Mail Online (Feb 5): Three Malaysians, 16 others, to enter defence over Lahad Datu intrusion

KOTA KINABALU, Feb 5 ― The High Court here acquitted today 11 Filipinos and called 19 others, including three Malaysians, to enter their defence to terrorism charges among others over the 2013 Lahad Datu intrusion.

Justice Stephen Chung said that the prosecution had proven their case against 16 of the 19 and ordered them to enter their defence to multiple charges of being members of a terrorist group and of waging war against the Yang di-Pertuan Agong.

However, three people ― Filipino Basil Samiul and Malaysians Mohamad Ali Ahmad and Pabblo Alie ― were acquitted of their charges under Section 121 and 130KA of the Penal Code, which respectively prohibit waging war against the Yang di-Pertuan Agong and being members of a terrorist group, but were given fresh charges and told to enter their defence.

Basil and Mohd Ali were charged under Section 130J of the Penal Code for allegedly soliciting or giving support to terrorist groups, while Pabblo was charged under Section 130G(c) of the Penal Code, for allegedly soliciting property for a terrorist group.

 “The prosecution had failed to establish a prima facie case against the accused, but there was plenty of evidence [to] support a case of supporting the terrorists,” said Chung in amending the charges. The three pleaded not guilty.

The third Malaysian, Abdul Hadi Mawan, who had been charged with two offences, was acquitted under Section 121 of the Penal Code, but was instructed to enter his defence for a charge under Section 130KA.

Chung had ordered the 11 acquitted to be referred to the Immigration Department for deportation, but granted deputy public prosecutor Mohd Dusuki Mokhtar‘s application for a remand pending his filing for notice of appeal.

Datuk N. Sivananthan, lawyer appointed by the Philippine government for the 11 Filipinos acquitted, said the decision was fair as there was no incriminating evidence against his clients.

The charge of waging war against the Yang di-Pertuan Agong under Section 121 of the Penal Code is punishable with death, life imprisonment, or a fine.

The trial of the 19 will begin on February 22.

The armed Sulu incursion into Kampung Tanduo, Lahad Datu, at the Sabah east coast in February 2013 had killed 10 members of Malaysia’s security forces.

http://www.themalaymailonline.com/malaysia/article/three-malaysians-16-others-to-enter-defence-over-lahad-datu-intrusion