KUALA LUMPUR: The High Court here sentenced a former leader of the Daesh cell "wolf pack" group to a total of 61 years in prison after finding him guilty of eight counts of terrorism-related offences, including making threats to attack the Sri Maha Mariamman Temple in Seafield, Subang Jaya, five years ago.
Judge Datuk Noorin Badaruddin handed down the sentence on Mahadi Mamat, 39, after finding that the defence failed to raise reasonable doubts against the charges at the end of the defence case.
"The court found that although the accused has schizophrenia or a mental disorder, the accused was sane when the offences were committed.
"Therefore, the prosecution succeeded in proving beyond reasonable doubt the eight charges brought against the accused. The accused is found guilty of all the charges," she said.
On the first, second, third, and seventh charges, the court sentenced Mahadi to 10 years in prison each, six years in prison for the fourth charge, and five years in prison for the fifth, sixth, and eighth charges.
Mahadi was ordered to serve the jail sentences concurrently from the date of arrest on May 5, 2019, meaning he would be in jail for only 10 years.
In the judgment, Judge Noorin said the court was satisfied that the accused failed to prove "legal insanity" (not sane according to the law) and also with the testimony given by the second defence witness, Dr Ian Llyod Anthony, regarding Mahadi’s mental state.
"The testimony by the second defence witness showed that the accused is sane and based on observation by the witness, the accused's mental cognitive functions well when committing the offence," she said.
She said the accused had hidden the weapons and pipe bombs, which clearly showed he knew what he was doing.
"After examining the WhatsApp messages with the members of the 'Sejati Sejiwa' group, I found that the accused understood and knew the consequences of his actions and also in the way he persuaded members of the WhatsApp group to join him," said the judge.
According to the first and second charges, Mahadi was alleged to have sought support for a terrorist act by making threats to attack the Sri Maha Mariamman Temple, Subang Jaya, and threatened to kill four Malaysian citizens via the "Sejati Sejiwa" WhatsApp group.
The charges were framed under Section 130J (1) (b) of the Penal Code (Act 574), which is punishable with imprisonment for life or a term not exceeding 30 years, or with a fine, and also liable to forfeiture of any property used or intended to be used in connection with the commission of the offence, upon conviction.
For the third charge, Mahadi was alleged to have provided firearms training to members of the "Sejati Sejiwa" WhatsApp group to commit a terrorist act.
The charge, under Section 130F (a) of the Penal Code (Act 574), provides a maximum jail term of 30 years and liable to a fine if convicted.
For the fourth charge, he was alleged to have ordered the group members to commit a terrorist act and he was charged under Section 130F (b) of the Penal Code (Act 574), which carries a maximum imprisonment of 30 years and a fine, upon conviction.
Meanwhile, for the fifth and sixth charges, Mahadi was alleged to have obtained six pipe bombs, a semi-automatic CZ 75 B pistol, and 15 Luger 9mm bullets to commit terrorist acts.
He was charged under Section 130JD (1) of the Penal Code (Act 574), which carries a maximum jail term of seven years and a fine.
For the seventh charge, framed under Section 130E of the Penal Code, he was alleged to have recruited several individuals to join the "Sejati Sejiwa" WhatsApp group to commit terrorist acts.
The law provides a maximum jail term of 30 years and is also liable to a fine upon conviction.
On the last charge, Mahadi was alleged to have in his possession items related to the terrorist group Daesh in a mobile phone and was charged under Section 130JB (1) (a) of the Penal Code (Act 574), which carries a maximum jail term of seven years and a fine and shall also be liable to forfeiture of any such item upon conviction.
The offences were committed at the Counter Terrorism Office E8 Special Branch Division Bukit Aman and in Kampung Teris, Hulu Terengganu at about 5.45pm on Jan 7, 2019, and at 9.48pm on May 5, 2019.
In mitigation, lawyer Farida Mohammad, representing Mahadi, said the accused's wife is suffering from Systematic Lupus Erythematosus (SLE) and had no permanent job.
"My client also has no past criminal record. Long imprisonment is not a good solution because what is important is to rehabilitate the accused by providing counselling and treatment," she said.
Deputy Public Prosecutor Mohammad Fakhrurrazi Ahmad Salim, who appeared for the prosecution, requested the court to impose a heavy sentence by taking into account public interest. – Bernama
