Two former soldiers and an Indonesian national were found guilty by the Court of Appeal today for conspiring to promote terrorism.
According to evidence led in the High Court, Indonesian Ali Saifuddin and former soldiers Nor Azmi Jailani and Mohd Yusri Mohamed Yusof were said to have participated in a series of discussions with the son of a former Islamic State (IS) militant on plans to kidnap four former ministers, including former prime minister Najib Abdul Razak, in exchange for the release of Security Offences (Special Measures) Act 2012 (Sosma) detainees.
The other three former ministers were Ahmad Zahid Hamidi, Hishammuddin Hussein and Khairy Jamaluddin.
A three-member panel comprising Justices Vernon Ong Lam Kiat, Zabidin Mohd Diah and Has Zanah Mehat allowed the prosecution's appeal to set aside the High Court's decision to acquit the trio on the charge.
In his decision, Ong who chaired the panel said evidence given by the three men did not raise reasonable doubt against the prosecution's case.
Ong, however, set April 15 to hear mitigation from the defence and for sentencing after lawyer Shahredzan Johan requested for time to prepare the mitigation.
DPP Jasmee Hameeza Jaafar said she left it to the court to decide on whether to allow Syahredzan's request for time.
Ong also extended the remand order on Ali, 32, Nor Azmi, 32 and Mohd Yusri, 31. They were being remanded as the High Court had granted the prosecution a stay of the court's decision to acquit the trio, pending its appeal to the Court of Appeal.
In June 2017, the High Court acquitted and discharged the three men on the charge with conspiring to promote terrorism-related activities in Malaysia between Jan 30 and April 6, 2015, at a house in Pengkalan Batu Hampar, Mukim Air Putih, Pendang, in Kedah.
They were charged under Section 130G(a) of the Penal Code and punishable under Section 120B(1) of the same code, whereby they can be jailed up to 30 years and fined upon conviction.
The son of a former IS militant, Abu Daud Murad Halimmuddin is serving 12 years’ jail sentence after he pleaded guilty to the charge of conspiring to promote terrorism in Malaysia.