Updated version Six members of the Al-Ma'unah, an extremist Islamic militant group, who yesterday pleaded guilty to a lesser charge of preparing to wage war against the Yang di-Pertuan Agong, will be sentenced on Thursday.

Kuala Lumpur High Court judge Zulkefli Ahmad Makinuddin said he needed a day to study the mitigation pleas made by the six defendants today.

The six face either life imprisonment or a jail term of not more than 20 years and a fine.

Earlier today, another member of the group, Abu Bakar Ismail who had also pleaded guilty yesterday to the lesser charge, made an about-turn and claimed trial.

Change of plea

Abu Bakar told the court he had decided against pleading guilty after giving much thought to the matter. The court allowed him to change his plea.

Yesterday, 14 Al-Ma'unah members were offered an alternative charge under section 122 of the Penal Code which refers to collecting, or attempting to collect, men and arms in preparation for the intention of waging war or attempting to do so.

Of the 14, nine were charged with making preparations to wage war between April and July this year at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak.

Five others were charged with making general preparations to wage war between April and July this year. The places where the offences were committed were not stated in the alternative charge sheet.

Of the 14, seven had pleaded guilty.

The 14 are part of the 29 members who were originally charged under section 121 of the Penal Code for waging war or abetting to wage war against the Yang di-Pertuan Agong which carries the sentence of death or life imprisonment and a fine if found guilty. ([#1]Twenty-nine Al-Ma'unah members claim trial[/#], Aug 9)

The 29 are alleged to have committed the offence between June and July 6 at Pos 2; Batalion 30 in Kem Grik; and in Bukit Jenalik.

They are alleged to have stolen a cache of weapons and ammunition from two military camps by posing as army officers in the early hours of July 2.

Mitigation pleas

Mitigating for the six defendants today, the defence counsel said their clients had not played an active part in any of the incidents allegedly committed by the Al-Ma'unah group and asked for a lenient sentence from the court.

Defense counsel Kitson Foong and Allan Yap, for defendants Riduan Berahim and Megat Mohd Hanafi Ilias, mitigated that their clients did not take an active part in the arms heist at the two army camps or the subsequent hostage taking at Bukit Jenalik, Sauk.

They said their clients were drivers and "trench diggers" and were merely involved in loading weapons into the vehicles.

They added their clients had not fired any firearms at security forces nor were they involved in the torture and killing of two hostages.

Counsel M Athimulan, for Muhamad Nukshah Bandi Che Mansor, said his client went to Bukit Jenalik thinking that he was to attend a religious course organised by the group.

"There is no evidence that he was carrying arms at Bukit Jenalik. He was only a cook and a night sentry," said Athimulan.

Influenced by others

Athimulan said that Muhamad, a second-hand car dealer, had tried to escape from Bukit Jenalik but could not do so.

"He deviated as a result of influence of certain quarters," he said, requesting the court to punish Muhamad with a sentence of between three to six years.

Technician Azlan Abdul Ghani's counsel PY Leong said Azlan was remorseful and had only joined the Al-Ma'unah to learn more about religion and traditional medicine.

Counsel Bhagwan Singh asked the court to bind over his clients, computer analyst Khairul Anuar Mohd Ariffin and entrepreneur Shahidi Ali, as they were not arrested in Bukit Jenalik but had surrendered to the police elsewhere to help investigations into the group.

Only spectators

He said that no evidence had been adduced to show that these two had actively participated in launching a grenade at a brewery and a Hindu temple in Selangor.

"They were only spectators there," he said.

Attorney-General Mohtar Abdullah, who is heading the prosecution team, said he left it to the court to pass sentence as it saw fit.

However, he urged the court not to impose the maximum sentence as their "mitigations show that they are truly remorseful."

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[#1]Seven Al-Ma'unah members plead guilty[/#], Dec 4