13 accused in 2013 Lahad Datu intrusion found guilty

KOTA KINABALU: The High Court here today found 13 of 14 accused in the 2013 Lahad Datu intrusion case guilty as charged.
Nine of them, including Datu Amir Bahar Hushin Kiram, 53, the son of self-proclaimed “Sultan of Sulu” Esmail Kiram, were found guilty of waging war against the
Yang di-Pertuan Agong, an offence which carries the death sentence or life imprisoment and a fine.
The others were Philippine nationals Atik Hussin Abu Bakar, 45, Basad H. Manuel, 41, Ismail Yasin, 76, Virgilio Nemar Patulada alias Mohammad Alam Patulada, 52, Salib Akhmad Emali, 63, Al Wazir Osman, 61, Tani Lahaddahi, 63, and Julham Rashid, 69.
They were convicted of committing the offence during an armed intrusion at Kampung Tanduo in Lahad Datu between Feb 12 and April 10, 2013.
Justice Stephen Chung is expected to pass sentence on the 13 after hearing their “plea in mitigation” today. He is also expected to pass sentence on some others who had pleaded guilty in February this year.
Datu Amir Bahar, Salib Akhmad, Al Wazir, Tani and Julham were also convicted on a second offence of being a member of a terrorist group, for which the penalty is life imprisonment and fine.
Also found guilty of being a member of a terrorist group were a local Abd Hadi Mawan, 52, Philippine national Timhar Hadil, 39, and his deceased father Hadil Suhaili, 68, who died on April 24 while in detention.
The sole woman accused, Philippine national Norhaida Ibnahi, was found guilty of harbouring a person whom she knew was a member of a terrorist group, an offence punishable with life imprisonment and fine, or 20 years’ imprisonment with fine or both.
In his judgment, Chung said the defence had failed to raise beyond a reasonable doubt on the prosecution’s case against the 13 convicts.
Despite Datu Amir Bahar’s claim that there were misunderstandings between his father and his uncle Datu Agbimuddin Kiram who had led the intrusion in Kampung Tanduo, Chung said there was evidence that Datu Amir Bahar was in continuous communication with his uncle.
“Based on communication interceptions, he was in contact (with his uncle) during the skirmish at Kampung Simunul (in Semporna).
“There was cogent evidence of his involvement as ‘Chief of Staff’ of the ‘Royal Security Force’,” he said, adding that communication interceptions carried out by the police on Salib Akhmad and Al Wazir also showed evidence that they were in communication with the intrusion leader.
Chung, however, acquitted and discharged Philippine national Basil Samiul, 35, of a charge of supporting and soliciting for a terrorist group.
The judge said he found no evidence to conclude that Basil was at Kampung Tanduo during the intrusion despite sharing the same first name as an intruder at the village.
“There was insufficient evidence against the 24th accused (Basil) in the communication interception and was never identified as Basil bin Samiul.
“It is apparent that ‘Al Basil’, who could run when chased by a person with a gun was not the 24th accused who was limping throughout the trial,” said Chung who
ordered him to be referred to the Immigration Department.
The prosecution began its case on Jan 6, 2014 with 30 individuals comprising 27 Filipinos and three local men, accused of various offences linked to the armed intrusion at Kampung Tanduo.
The prosecution called 166 witnesses over 239 days of proceedings which ended on Jan 5 this year.
On Feb 5, Chung ordered 19 of the 30 accused to enter their defence after finding that the prosecution had succeeded in establishing a prima facie case.
However, on Feb 23 and Feb 24, nine of the 19, including two locals, chose to plead guilty, but the judge reserved sentencing pending conclusion of the defence’s case.
Four of the nine faced two charges each – waging war against the Yang di-Pertuan Agong and being members of a terrorist group. But they only pleaded guilty to the latter charge.
Twenty witnesses were called during the staggered defence trial lasting 24 days between Feb 25 and May 17. — Bernama