Appeals court upholds terrorism convictions against five men

PUTRAJAYA: The Appeals Court today reduced a prison sentence of 25 years to 20 imposed on two brothers found guilty of promoting terrorism in the country by planning to test explosives at Gunung Nuang in Hulu Langat, Selangor.
Justice Datuk Wira Mohtarudin Baki who headed the three-man bench made the decision on fertiliser traders Mohd Anwar Azmi, 34, and his brother Mohd Nurkamal, 31.
However, the panel upheld the prison sentence of 20 years imposed by the High Court on two other appeal cases involving drinks seller Izwan Shameer Suzaimi, 26, and tyre shop worker Muhammad Luqman Hakim Abdul Aziz, 23, for the same offence.
The panel which also comprised Justices Datuk Seri Zakaria Sam and Datuk Abdul Karim Abdul Jalil also upheld the 12-year prison term imposed on a 17-year-old youth for committing the same offence.
Judge Mohtarudin said the court found that the High Court judge had failed to provide reasons for meting out different sentences on the four appellants (not including the 17-year-old youth).
"We unanimously found that the appeals against the convictions had no merit. The evidence was strong and the convictions are safe to be upheld. The High Court failed to give reasons for the differing jail sentences. This failure provides reason to allow the appeal against the sentence (of the two appellants)," he said.
The court made the decision after hearing submissions in the appeals by the five men against their convictions and the sentences imposed by the High Court.
During recess, the appellants were seen in discussion with their families and some hugged their wife and children.
On May 12 last year, the Kuala Lumpur High Court imposed a 25-year jail sentence on the brothers while their two friends were sentenced to 20 years' jail and the youth to 12 years after they were found guilty of the same offence.
According to the charge, the five were alleged to have agreed among themselves to promote terrorism in Malaysia by creating chaos by bombing entertainment centres in the federal capital, which violated Section 130G(a) of the Penal Code.
They were accused of committing the offence at No. 2, Lot 3917, Kampung Bistari, Sungai Michu, Batu 13, Hulu Langat, Selangor between 7pm on April 24, 2015 and 1am the next day, under Section 120B(1) of the Penal Code which provides for a prison sentence of up to 30 years and a fine.
Deputy public prosecutor Wan Shaharuddin Wan Ladin told reporters that the prosecution would file an appeal against the decision today. — Bernama