The armed intruders in Kg Tanduo, Lahad Datu showed no signs of surrender to the Malaysian authorities, the High Court was told in Kota Kinabalu today.     

Sector D, VAT69 commando team leader, DSP Abdul Rani Alias said there were no indications that the intruders were going to surrender when his team carried out a close recce (reconnaissance) at Kg Tanduo, between Feb 28 to March 1, 2013.      

During re-examination by attorney-general Abdul Gani Patail, who is leading the prosecution team, Abdul Rani said, at the time, the armed intruders who were occupying the area were regarded as enemy combatants by his team.

The fifth witness in the ongoing hearing into the armed intrusion in Sabah last year, also agreed with Abdul Gani’s suggestion that the VAT69's mission was not to engage the enemy in gunfire unless they were being attacked first.  

“To your knowledge, all this while until March 1, 2013, was there any indication whatsoever, howsoever and whensoever that any of the armed intruders wanted to surrender?” queried Abdul Gani, to which the witness replied “No”.   

Abdul Gani: Your mission was to carry out close recce?

Abdul Rani: Yes.

Abdul Gani: What were the orders given to you on Feb 28, 2013?

Abdul Rani: To carry out close recce and to only retaliate if shot at.

Abdul Gani: You also told the court that the fact that each of your men had a weapon with 400 rounds of ammunition, indicated that they were ready for combat. Is that correct?

Abdul Rani: Yes.

Adul Rani said that it was normal practice for VAT69 teams to carry 400 rounds of ammunition to defend themselves against enemy fire.

Testifying before Justice Stephen Chung, the witness said that on March 6, last year, the military and his team had carried out the flushing out of the intruders in Tanjung Batu.

Flushing out op was to avoid any casualties

Questioned further by Abdul Gani as to why the intruders were flushed out from the area near the ‘sentri’ in Tanjung Batu, the senior officer responded that it was to avoid any casualties among the security forces and civilians if present.

He also agreed with Abdul Gani’s suggestion that before Feb 28, 2013 the armed intruders were not occupying other areas apart from Kg Tanduo.  

To another question, Abdul Rani stated that he had not been concerned about being shot at while conducting an aerial survey by helicopter in Kg Tanduo on Feb 23 and Feb 26 last year.  

Earlier, when cross-examined by lawyer Ram Singh about a backhoe which was found near a double-storey house in Kg Tanduo, Abdul Rani said in his opinion it could be used for digging and constructing earth walls for defence.

Thirty accused, comprising 27 Filipinos and three local residents, are being tried in the case.

Some are facing multiple charges of being members of a terrorist group or waging war against the Yang di-Pertuan Agong, recruiting members for a terrorist group or willfully harbouring individuals they knew to be members of a terrorist group.

They allegedly committed the offences between Feb 12 and April 10 last year.

The hearing, which is being convened at the Sabah Prisons Department, will resume on Feb 10.

- Bernama