The Federal Court today upheld the death sentence on nine Filipino citizens for waging war against the Yang di-Pertuan Agong over the Lahad Datu Intrusion in 2013.
Chief Justice Md Raus Sharif, who chaired the five-man panel, ruled that death sentence was the most appropriate punishment based on the facts of the case.
“We are of the view the convictions against them were safe,” he said.
The panel unanimously dismissed the final appeal brought by the nine men, and upheld the appellate court’s decision on June 8, last year, which had maintained their conviction and imposed a death sentence on them.
Other judges in the panel were Chief Judge of Malaya Ahmad Ma’arop, Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Ramly Ali and Azahar Mohamed.
The nine men are Datu Amirbahar Hushin Kiram, 54, the son of the late self-proclaimed Sultan of Sulu Jamalul Kiram, Julham Rashid, 70, Virgilio Nemar Patulada @ Mohammad Alam Patulada, 53, Salib Akhmad Emali, 65, Tani Lahad Dahi, 64, Basad H. Manuel, 42, Atik Hussin Abu Bakar, 46, Al-Wazir Osman, 62, and Ismail Yasin, 77.
Meanwhile, the Federal Court also upheld the Court of Appeal’s decision to acquit and discharge 14 others on the charge of waging war against the Yang di-Pertuan Agong and terrorist-related offences linked to the armed instrusion at Kampung Tanduo between Feb 12 and April 10, 2013.
They are Masir Aidin, 23, Anwar Salib Akhmad, 34, Binhar Salib Akhmad, 32, Abdul Hadi Mawan, 53, (Malaysian Filipino) Rijmal Salleh, 24, Abdul Majil Jubin, 46, (Malaysian Filipino) Rizman Gulan, 24, Basil Samiul, 38, Totoh Hismullah, 60, (Malaysian Filipino) Saidili Jaharul, 56, Kadir Uyung, 31, Lating Tiong, 21, Dani Ismail, 61, and Salib Akhmad Emali (for terrorist-related offences).
In dismissing the prosecution’s appeal against their acquittal, Md Raus said the decision to acquit them was based on the concurrent finding of facts by the High Court and Court of Appeal and that there was no reason for the Federal Court to decide otherwise.
The panel delivered its decision after hearing submissions earlier for about three hours, from defence counsel N Sivananthan.
The prosecution which was headed by deputy public prosecutor Awang Armadajaya Awang Mahmud.