The Court of Appeal in Putrajaya today overturned the life sentence imposed on nine Filipinos who took part in the Lahad Datu incursion to the death penalty.

A three-member bench led by Justice Mohd Zawawi Mohd Salleh made the unanimous decision. The others were Justice Abdul Rahman Sebli and Justice Kamardin Hashim.

The appellate court also upheld the conviction on the nine, namely Atik Hussin Abu Bakar, Basad Manuel, Ismail Yasin, Virgilio Nemar Patulada @ Mohamad Alam Patulada, Salid Ahmad Osman @ Abdul, Al Wazir Osman, Tani Lahad Dahi, Julham Rashid and Datu Amirbahar Hushin Kiram.

In his decision, Justice Zawawi said the trial judge had failed to adequately take into account the aggression towards the sovereignty of the nation.

“This case has the element of conspiracy as no other case. The respondents (accused) were part of a conspiracy hatched across the border to wage war against the Malaysian government and the king, to dictate its foreign relations with other countries, with intent to weaken the country from within so they could reclaim Sabah,” he said.

“Nine Malaysian security personnel were killed and many seriously injured. The local kampung folk were forced to leave their homes because of the intrusion. Heavy lethal weapons such as M-16 rifles, 9mm pistols and grenades were used during the intrusion.

“In short, this was an attack from a foreign enemy which is unprecedented in the Malaysian history."

Justice Zawawi said the conspiracy behind the attack was as deep and large as it was vicious, and the execution was ruthless.

"In terms of loss of life and property, and more importantly in its traumatising effect, this case stands alone or it is at least the rarest of the rare before this court since the birth of the nation.

“Therefore, it should also attract the ultimate penalty of death. The sentence imposed must reflect the abhorrent and condemnation of the Malaysian community against such a crime. We are firmly of the view that this is a fit and proper case to impose the death penalty,” he added.

The nine Filipinos were part of a group of 52 intruders who had attacked and occupied Kampung Tanduo between Feb 12 and April 10, 2013.

Acquittal of 14 others affirmed

The same bench also dismissed the prosecution's appeal and upheld the Kota Kinabalu High Court's decision in not calling the defence of 13 accused.

Justice Zawawi said the court was satisfied with the assessment of the trial judge.

The 13 were Kadir Uyung, Lating Tiong, Masir Aidin, Anwar Sakib Akhmad, Binhar Salib Akhmad, Salid Akhmad Emali, Abd Hadi Mawan, Rijmal Salleh, Abdul Majid Jubin, Rizman Gulan, Totoh Hismullah, Saidili Jaharul and Dani Ismail.

“It is a well-established principle that the findings of fact made by the learned judge are not to be disturbed by the appellate court unless it can be established that the trial judge's assessment and evaluation were plainly wrong. We are satisfied that the learned judge was right in holding that no prima facie case has been established against them. 

“Therefore the order of acquittal by the learned judge was correct and is hereby affirmed," Justice Zawawi said.

While on Basil Samiul, the three-member bench agreed that his explanation in his defence had raised a reasonable doubt in the prosecution's case.

“Therefore his acquittal is affirmed,” said Justice Zawawi.

The case has been held under tight security in Putrajaya since Tuesday.