Friday, February 5, 2016
11 acquitted, 16 ordered to enter defence in Lahad Datu intrusion case
High Court Justice Stephen Chung, however, ordered another 16 Filipinos to enter their defence.
The judge also ordered an amendment of charges for the three Malaysians in the case.
The charges against all 30 accused were framed under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong and Section 130E for recruiting persons to be members of a terrorist group.
The other charges were under Section 130K for harbouring persons committing terrorist acts and Section 130KA for being member of a terrorist group.
The offences were allegedly committed between Feb 12 and April 10, 2013.
Those acquitted were Kadir Uyung, Lating Tiong, Masir Aidin, Anwar Salib Akhmad, Binhar Salib Akhmad, Rajmal Salleh, Abdul Majil Jubin, Rizman Gulan, Totoh Hismullah, Saidili Jaharul and Dani Ismail.
Those ordered to enter into their defence were Atik Hussin Abu Bakar, Lin Mad Salleh, Holland Kalbi, Basad Manuel, Habil Sukaili, Timhar Hadil and Ismail Yasin.
Virgilio Ne-Mar Patulada @ Mohammad Alam Patulada, Aiman Radie, Salib Akhmad Emali, Al Wazir Osman @ Abdul,Abd Hadi Mawan, Tani Lahad Dahi, Julham Rashid, Datu Amirbahar Hushin Kiram and Norhaida Ibnahi, the sole female accused, were also ordered to enter their defence.
In his ruling, Justice Chung also held that the prosecution had failed to establish a prima facie case against the three Malaysians charged.
The three were Basil Samiul, Pablo Alie and Mohammad Ali Ahmad.
Justice Chung, however, ordered that the three men face amended charges with Basil and Mohammad Ali charged under Section 130J of the Penal Code for knowingly soliciting support for a terrorist group.
He ordered that Pablo be charged under Section 130G for inciting or promoting a terrorist act.
The three men pleaded guilty when the charges were read to them.
Following an application by Senior Federal Counsel Mohd Dusuki Mokhtar, Justice Chung ordered the 11 acquitted to be remanded pending notice of appeal against the ruling.
Twenty-seven of the accused were represented by Datuk N. Sivananthan, while the others were represented by Abdul Ghani Zelika, Ram Singh and Putli Noor Asikin Datuk Gulam.
Posted by wikisabah at 3:27:00 PM