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

PUTRAJAYA: The Federal Court upheld the death sentence on the nine Philippine nationals for waging war against the Yang di-Pertuan Agong over the 2013 Lahad Datu intrusion following a final appeal, today.

The nine, Julham Rashid, 70; Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53; Salib Akhmad Emali, 64; Tani Lahad Dahi, 64; Basad Manuel, 42; Datu Amirbahar Hushin Kiram, 54, who is the son of the late self-proclaimed Sultan Sulu Jamalul Kiram; 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 in the morning.

Other judges in 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 Akhmad Emali, 65; locals Abd Hadi Mawan, 53; Rijmal Salleh, 25; Abdul Majil Jubin, 46 and Totoh Hismullah, 60.

The prosecution is led by Awang Armadajaya Awang Mahmud, deputy head of the appellate and trial division.

Other deputy public prosecutors include Nurulhuda Nur'aimi Mohd Nor, Wan Shaharuddin Wan Ladin and Hamzah Ismail.

The other counsels are 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.

On June 8, the nine men were sentenced to death by the Court of Appeal for committing the offence after Justice 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.