The prosecution in the case of long-time Internal Security Act detainee Yazid Sufaat told the High Court in Kuala Lumpur today the chemist is a member of the ‘Tanzim al-Qaeda Malaysia’.

The prosecution also argued that Yazid is promoting violence to others, with the intention to threaten civilians in Syria.

Yazid is the first person arrested under the controversial Security Offences (Special Measures) 2012 (Sosma).

Deputy public prosecutor Mohd Hanafiah Zakaria, who is also the deputy head of the prosecution division of the Attorney-General’s Chambers, said Yazid and canteen assistant Muhammad Hilmi Hasim had formed the Tanzim al-Qaeda Malaysia.

The two of them have held several usrah (religious sessions) at Yazid's Ampang home to recruit new members, directed at initiating violence at civilians in Syria.

Mohd Hanafiah said Yazid ( right ) faces two charges, the first which is to encourage violence to put forward an ideology with the intention to hurt Syrian civilians.

The second charge is for being a member of the Tanzim al-Qaeda Malaysia.

Hilmi also faces two charges of abetting Yazid to incite violence to threaten Syrians and with being a member of the Tanzim al-Qaeda Malaysia.

Yazid and Hilmi are charged with committing the offences at Yazid’s Taman Bukit Ampang home between Aug 1, 2012 and February 2013.

Lifetime imprisonment if convicted

If found guilty under Section 130G of the Penal Code for inciting towards terrorism, they stand to face up to 30 years in prison.

Meanwhile, for the offence of being a member of a terrorist cell, the two will face lifetime imprisonment if convicted.

“The prosecution will try and prove that between Aug 1, 2012 and February 2013, Yazid and Hilmi had were members of the said organisation.

“We will bring witnesses from the public and play an audio recording to prove that the accused have the knowledge for the purpose of threatening Syrian civilians, and that Hilmi is abetting in the alleged offence.

“With the witnesses’ testimony and audio recording, the prosecution will prove its case beyond reasonable doubt,” Hanafiah said in his opening statement.

The case was initially slated to also involve a  third accused, Halimah Hussein. However, Halimah has gone missing after she was released from a charge under Sosma, and is said to be still at large.

With Halimah having gone missing, the prosecution has applied for the case against her to be heard separately.

Asked by superior to lodge report

Today is the first day of trial.

First witness Deputy Supt T Thiagarajah, who is attached to the Special Operations Force, told the court that he was asked by his superior, Deputy Director Ayub Khan Maidin Ali Pitchay, to lodge a report against Yazid.

"Subsequently I lodged the report against Yazid at Bukit Aman on Oct 23, 2012, at about 4.35pm.

“I received the information from Ayub at about 2.30pm and lodged the report,” Thiagarajah said when replying to questions from Hanafiah.

When asked by lawyer Amer Hamzah Arshad, he said the report was lodged to facilitate investigations to be made against Yazid.

“I agree that when a report is lodged investigations should be initiated,” Thiagarajah said.

However, the police officer said he has no idea whether there was any investigation conducted against Yazid prior to the police report.

Yazid was detained under the draconian ISA laws for seven years.