The High Court set July 17 to decide if the prosecution had raised a prima facie case against Lahad Datu Special Branch (SB) Detective Corporal Hassan Ali Basari, accused of withholding information on terrorist activities.    

Judge Ravinthran Paramaguru will also decide if the accused needs to enter his defence.    

The prosecution in the trial of Hassan Ali closed its case today with a submission that it had sufficient evidence to believe Hassan Ali withheld information on terrorist activities.     

Deputy public prosecutor Nordin Hassan submitted three intercepted telephone conversations and bills which showed the accused had been in contact with Filipino terrorists who staged an armed intrusion into Kampung Tanduo, Lahad Datu in February.   

He said the prosecution’s second protected witness, who intercepted the three telephone conversations, testified that the accused had been contacted by a Sabahan man to clarify incidents related to the March 1 clash between Malaysian security forces and Filipino terrorists at Kampung Tanduo which claimed the lives of two VAT 69 commandoes.  

According to Nordin, the witness recognised Hassan Ali’s voice based on several telephone conversations he had intercepted before, in which the accused had introduced himself.

In another intercepted telephone conversation between Datu Agbimudin Kiram, who led the intrusion, and his nephew Datu Amir Bahar it was revealed that Datu Amir Bahar had been in contact with the accused who disclosed information on the Malaysian security force’s movements.   

Nordin further submitted that based on the intercepted communications, the accused had used two numbers to contact the terrorists.  

He said witness Abdul Rahman Othman, an executive at Celcom Axiata Bhd, testified that one of the telephone numbers - 0195800155 was registered under the accused’s name, while 0138888359 was registered under Mohd Esham Hassan whom investigating officer DSP Ang Seow Aun identified as the accused’s son.  

Nordin said according to Abdul Rahman’s testimony, telephone bills showed there was communication between the two numbers and one number 0142847213 which witness SAC Zulkifli Abd Aziz, former Sabah Special Branch deputy chief, said belonged to Datu Agbimudin, which he had obtained from Datu Agbimudin’s brother Datu Ismail whom Zulkifli met in Kota Kinabalu last year.  

The prosecution also submitted that in January, the accused had been warned by the first protected witness that 1,500 people of the Royal Sulu Force would be converging at Simunul Island in the southern Philippines to enter Sabah.   

‘Witness overheard conversation by 20 men’

Nordin said the witness testified that he had overheard the information from a conversation by 20 men in orange striped gear with the words ‘Royal Sulu Force’ emblazoned on their outfits, at Bongao Island, southern Philippines.  

The prosecution also said the accused did not report the information on terrorism activities during a staff briefing of the intrusion at the Lahad Datu Special Branch office when he had the opportunity to do so.  

Hassan Ali is charged under Section 130M of the Penal Code with committing the offence between January and March 3 at the Lahad Datu Special Branch office.

He was represented by Kamarudin Mohamad Chinki and Ram Singh, and faces up to seven years in jail or fine or both, upon conviction.

The prosecution called on 18 witnesses throughout its trial between June 24 and 28.

- Bernama