PUTRAJAYA: The death sentences of a nephew of self-proclaimed Sultan of Sulu Jamalul Kiram III and six other Filipino men for waging war against the Yang di-Pertuan Agong during the Lahad Datu incursion 11 years ago have been upheld by the Federal Court.
A three-judge panel, led by Chief Justice Tengku Maimun Tuan Mat, unanimously dismissed the review applications submitted by the seven men.
“The applications from all the petitioners are dismissed, and the death sentences are upheld,” said Justice Tengku Maimun, who sat alongside Court of Appeal President Justice Abang Iskandar Abang Hashim and Federal Court judge Justice Nordin Hassan.
The seven are Datu Amir Bahar Hushin Kiram, 60, the nephew of Jamalul Kiram; 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.
The armed incursion, which occurred in Kampung Tanduo, Lahad Datu, between Feb 12 and April 10, 2013, led to the deaths of nine Malaysian security personnel during clashes with the group.
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 judgment, 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, Bernama reported.
However, on June 8, 2017, the Court of Appeal reversed the verdict and imposed the death penalty after allowing the prosecution’s appeal. The Federal Court subsequently upheld the death penalty on Jan 15, 2018.
However, two other Filipino men, Ismail Yasin and Salib Akhmad Emali, who had also been sentenced to death for the same offence, did not file for review as they died while serving their prison terms.
Earlier, defence counsel Mervyn @ Hasan Sainy had pleaded for the court to reinstate the life sentences handed down by the Kota Kinabalu High Court, arguing that there was no evidence linking his clients directly to the incursion.
“There is no evidence they killed anyone. We believe the High Court’s decision was just. Considering their advanced age, we ask that they be given a chance for leniency,” he said.
In response, Datuk Mohd Dusuki Mokhtar, head of the Appeals and Trial Division at the Attorney General’s Chambers, urged the court to maintain the death sentences, saying that the case involved national sovereignty.
“The magnitude of this case is unlike any other, with nine policemen perishing, some of whom were beheaded and mutilated. The incursion was committed by a foreign enemy, and we cannot send the wrong signal to the public.
“Therefore, the death sentence must be retained,” he said.
