KUALA LUMPUR: The Federal Court is set to hear the application of seven Filipino men today seeking a review of their death sentences, imposed for waging war against the Yang di-Pertuan Agong during the Lahad Datu incursion 11 years ago, reported Bernama.
The application was filed by Datu Amirbahar Hushin Kiram, 60, nephew of Jamalul Kiram, the self-proclaimed Sultan of Sulu, along with Atik Hussin Abu Bakar, 52; Basad H. Manuel, 49; Virgilio Nemar Patulada, 59; Al Wazir Osman, 68; Tani Lahad Dahi, 70 and Julham Rashid, 75.
They are seeking to have their death sentences commuted to imprisonment following the Mandatory Death Penalty Abolition Act 2023, which took effect on July 4, 2023.
Under the new law, judges now have the discretion to impose either the death penalty or imprisonment of not less than 30 years and up to 40 years.
Additionally, if the death penalty is not imposed, male offenders under the age of 50 shall also face a minimum of 12 strokes of the cane.
On July 26, 2016, the Kota Kinabalu High Court sentenced the seven men to life imprisonment after finding them guilty under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong.
In its ruling, the High Court stated that there was no evidence to show the accused were directly involved in the skirmishes during the incursion, nor was there proof that they brutally killed or injured any security personnel.
However, on June 8, 2017, the Court of Appeal imposed the death penalty after allowing the prosecution’s appeal.
Subsequently, the Federal Court also upheld the death penalty on Jan 15, 2018.
During the armed incursion at Kampung Tanduo in Lahad Datu, Sabah, between Feb 12 and April 10, 2013, nine members of Malaysia’s security forces were killed during the incursion.
