The High Court was told today that engaging with the intruders in a warfare at Kampung Tanduo, Lahad Datu during a close reconnaissance (recce) operation on March 1, last year was not a wise thing for VAT69 commandos to do.

When asked by attorney-general Abdul Gani Patail whether it was wise to do so based on his experience and looking at the situation when carrying out the operation at the village, DSP Hakemal Hawari answered: “No.”

Hakemal, who headed one of five teams to carry out close recce at Sector A in Kampung Tanduo, said the operation was the only instruction they were given by the operations tactical commander, Abdul Rashid Harun.

“We did not make preparations for an encounter with the intruders,” he said.

Abdul Gani: Did Abdul Rashid specify the terms of engagement if you happened to meet the intruders?

Hakemal: Yes.

Abdul Gani: What were the terms?

Hakemal: We were instructed not to engage with the intruders by firing any shots unless we were attacked.

Hakemal, who led 33 men and officers including himself, told the court that his team also brought night vision goggles and thermal imagers with them when they went into their assigned area in Kampung Tanduo at about 1.30am on March 1.

He said both the equipment were useful in carrying out the close recce at night.

Earlier, Hakemal said he had taken aerial photographs of Kampung Tanduo at various angles, including aerial shots from the sea, on Feb 16, last year.

He also said he conducted ground surveillance of Kampung Tanduo five days later with Abdul Rashid, Sabah brigade commander of the General Operations Force Ahmad Marzuki Mohd Saad and several other officers and men.

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 wilfully 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 before Justice Stephen Chung, which is being convened at the Sabah Prisons Department, will resume on Feb 17.

- Bernama