The prosecution lacked credible evidence to prove its case against the leader of religious cult and silat group Al-Ma'unah that the group waged war against the Agong, defence counsel Karpal Singh submitted to the Kuala Lumpur High Court today.

Karpal said that for the charge against Al-Ma'unah leader Mohd Amin Mohd Razali and other group members to be sustained, the prosecution must prove the accused had waged war, and that such war was against the King.

Twenty-nine gang members are charged with 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 [/#], 31 Jan).

They are alleged to have committed the offence between June and July 6, last 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.

They are alleged to have carried an arms heist from two military camps by duping the soldiers at the camps that they were there to conduct an arms inspection in the early hours of July 2. They had then holed up at Bukit Jenalik until their surrender on July 6.

However, 10 gang members pleaded guilty on alternative charge of "collecting men and arms as a preparation to wage war", and they were each sentenced to a 10-year jail term.

Karpal told judge Zulkefli Ahmad Makinuddin that the court must consider whether on the available evidence adduced by the prosecution all the ingredients required under section 121 of the Penal Code have been proven by credible evidence.

"To support a conviction on such a charge (to wage war), it is not enough to show that the persons charged have contrived to obtain possession of an armoury and have, when called upon to surrender it, used rifles and ammunition so obtained from government troops," he said.

He added that the prosecution must show that the seizure of the armoury was part and parcel of a planned operation and that their intention in resisting the troops of the government was to overwhelm and defeat these troops.

Acts of treason

Karpal also raised the contention that the charges of waging war were inadequate, stating that there had been no specification of what kind of war had been waged.

"This is the first case in the country involving waging war under section 121 and the prosecution should have made its intention clear in drafting the charge," he said.

"It is a misconception to say waging war in the context of the Penal Code is purely a technical legal term, which means acts of treason against a democratically elected government."

The court hearing was postponed for half an hour this morning due to an electrical blackout. During the break, some members of the accused were allowed to meet their family members.

The trial continues tomorrow.

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