Guilty! Siti Aishah gets five years' jail for 'terror' books
The High Court in Kuala Lumpur sentenced former Master's student Siti Noor Aishah Atan to five years in prison today after finding her guilty on a charge related to the possession of 12 books related to terrorism.
Judicial Commissioner Mohamad Shariff Abu Samad said the court was satisfied with the prosecution's argument, and noted that the accused's defence "did not make sense at all".
The High Court in Kuala Lumpur sentenced former Master's student Siti Noor Aishah Atan to five years in prison today after finding her guilty on a charge related to the possession of 12 books related to terrorism.
Judicial Commissioner Mohamad Shariff Abu Samad said the court was satisfied with the prosecution's argument, and noted that the accused's defence "did not make sense at all".
"The prosecution had proven its case beyond reasonable doubt. The accused is found guilty under Section 130JB (1)(a) of the Penal Code," he added.
In delivering his verdict, Shariff also denounced Siti Aishah's action as “jijik dan kotor” (disgusting and dirty).
"The accused is sentenced to five years' imprisonment starting from the date of her first arrest," he said, and ordered that the books seized by the government be destroyed.
Earlier, pointing out that the prosecution had proven that the books are related to terrorist activities, Shariff noted that Siti Aishah had admitted to buying the books and that she also knew the books were related to terrorism.
Shariff also found Siti Aishah to have been inconsistent in her sworn statements. Citing her insistence of continuing her studies as a Master's student at Universiti Malaya, she had been dismissed by the university after failing to attend classes.
"It is clear that the accused did not renew her registration (to continue her Master's programme) until she was arrested. If she truly wanted to continue her studies, she had two years to do so.
"Why didn't she do anything to ensure that she continued her studies? Her claims of wanting to continue her studies are just made up stories, they are only dreams.
"I asked myself while I was preparing this judgment: what's the meaning of the accused insisting to continue her studies when she did not even register her thesis title," added Shariff.
The judicial commissioner also questioned Aishah's real intention of wanting to go to Syria.
"If you were really sincere to be involved in a humanitarian mission, why, then, did you say you wanted to commit suicide?" Shariff asked, citing a police report lodged by Siti Aishah's father, Atan Jusoh (photo), who mentioned her intention to do so if her parents did not allow her to go to Syria.
Shariff then denounced her desire of wanting to embark on a fisabilillah (in the cause of Allah) fight as a "waste of time" and "lacking truth".
"You don't have to go far (for jihad) but you wanted to go to Syria.
"The whole world said that your fight is a false one. But if you are the only one saying that it's right, masyaAllah, subhanAllah, please repent."
'Prison term necessary as an example'
Later when explaining his decision, Shariff said the prison sentence was necessary to act as an example for the public.
"Also, public interests override an individual's interests. Your offence was disgusting, dirty.
"Society denounced it, what more when it is others who are at war. You don't have to go far if you want to do jihad."
Shariff added that the sentence was not meted out "for fun" but was instead to show that there was no tolerance when it comes to such cases.
After delivering the sentence, Shariff said the five-year prison term would "pass in no time".
"We hope that you repent. Even though you have made a mistake, you can still repent.
"Look at your parents at the back. If you repent, you can be a better person.
"In five years, you will eat, you can fast, pray and you will bathe. But there is no point if you don't clean your heart."
Earlier, Aishah's lawyer Mohd Kamaruzaman A Wahab asked the court to take into consideration his client's previous imprisonment for the sentencing.
'Public interest must be prioritised'
"She has repented over this incident… Also, she does not come from a well to do family, her father is a disabled person and a pensioner," Kamaruzaman said.
Deputy public prosecutor Ahmad Nazneen Zulkifli argued that public interest must be prioritised over Siti Aishah's predicament.
Nazneen also cited the terror group Islamic State (IS) to stress that the issue of terrorism was not something that could be "swept under the floor".
"If so, this will not teach Siti Aishah and the sentence will not prevent would be offenders.
"The court's decision must denounce items that contain terrorist elements. We cannot allow individuals like Aishah to mingle with others in the society," Nazneen said before Shariff delivered his verdict.
Kamaruzaman told reporters later that they would appeal today's court decision.
Aishah's father, Atan Jusoh, was too distraught to speak to reporters. The 61-year-old could only smile weakly with tears in his eyes, apologising for his inability to speak further.
Arrested in March last year, Siti Aishah was acquitted on the charge by Shariff in September and this led to her arrest under Prevention of Crime Act (Poca), under which she was detained for 60 days.
Upon her release from Poca, she was fitted with an electronic monitoring device.
However, the prosecution was successful in its appeal in the Court of Appeal on March 27, and she was ordered to enter her defence. This led to her re-arrest under the Security Offences (Special Measures) Act (Sosma).
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