Federal Court upholds death sentence on 9 for waging war against Agong (Updated)

15 Jan 2018 / 20:01 H.

PUTRAJAYA: The Federal Court upheld the death sentences of the nine Philippine nationals for waging war against the Yang di-Pertuan Agong during the 2013 Lahad Datu intrusion following today's final appeal.
The nine, Julham Rashid, 70; Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53; Salib Akhmad Emali, 65; Tani Lahad Dahi, 64; Basad Manuel, 42 who is the son of the late self-proclaimed Sultan Sulu Jamalul Kiram; Datu Amirbahar Hushin Kiram, 54; Atik Hussin Abu Bakar, 46; Al Wazir Osman @ Abdul, 62; and Ismail Yasin, 77, had been sentenced to death by the Court of Appeal on June 8, last year.
Chief Justice Tun Md Raus Sharif, who chaired a five-man panel, arrived at the unanimous decision after hearing submissions from both the prosecution team and defence counsel.
"We have no reason to dispute the findings of the High Court and the reaffirmation of the Court of Appeal.
"That said the decision to mete out the death sentence was the most appropriate punishment based on the findings and facts of the case," he said during his judgement at the Palace of Justice.
Other judges on the panel include Chief Judge of Malaya Tan Sri Ahmad Maarop, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum, Tan Sri Ramly Ali and Tan Sri Azahar Mohamed.
The Federal Court also upheld the acquittal of 14 men on the charge of waging war against the Yang di-Pertuan Agong and terrorist-related offences linked to the intrusion at Kampung Tanduo from Feb 12 to April 10, 2013.
The 14 accused of terrorist-related offences are Philippine nationals Masir Aidin, 23; Anwar Salib Akhmad, 34; Binhar Salib Akhmad, 32; Rijmal Salleh, 25; Rizman Gulan, 24; Basil Samiul, 38; Saidili Jaharul, 56; Kadir Uyung, 31; Lating Tiong 21; Dani Ismail, 61; Salib; locals Abd Hadi Mawan, 53; Rijmal Salleh, 25; Abdul Majil Jubin, 46 and Totoh Hismullah, 60.
Despite being acquitted of two terrorist-related offences, Salib's death sentence was upheld.
The prosecution was led by Awang Armadajaya Awang Mahmud, deputy head of the appellate and trial division.
Other deputy public prosecutors present, include Nurulhuda Nur'aimi Mohd Nor, Wan Shaharuddin Wan Ladin and Hamzah Ismail.
The other counsels were Datuk N. Sivananthan, Liu Mei Ching, Harpreet Kaur, Abd Gani Zelika and Lam Kah Kah.
Security at the Palace of Justice was tight, with a high presence of security guards and policemen.
Reporters were made to cover the proceedings at an unused courtroom beside the court as the courtroom being used was packed with the men and the heavy security that accompanied them.
On June 8, the nine men were sentenced to death by the Court of Appeal for committing the offence after Judge Datuk Mohd Zawawi Salleh, who chaired a three-member panel, overturned the natural life custodial sentence meted out by the Kota Kinabalu High Court on July 26, 2016.

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