updated version

Four more Al-Ma'unah members today pleaded guilty to an alternative charge of preparing to wage war against the Yang di-Pertuan Agong. They will be sentenced tomorrow.

They face a maximum sentence of life imprisonment or up to 20 years in jail.

Six other group members who pleaded guilty to the alternative charge on Dec 7 were sentenced to 10 years' jail each by justice Zulkefli Ahmad Makinuddin.

The court was also informed today by senior deputy public prosecutor Abdul Gani Patail that the alternative charge offered to six other accused will be withdrawn.

It is also learnt that representations made to the Attorney-General's Chambers by another five group members for a lesser charge have been rejected.

Principal charge

This would mean that the remaining 19 accused persons, including leader Mohd Amin Mohd Razali, will be tried on the principal charge under section 121 of the Penal Code for waging war or abetting to wage war against the Yang di-Pertuan Agong. The offence carries a death sentence or a life imprisonment term upon conviction.

The alternative charge, under section 122 of the Penal Code, relates to collecting men and arms to prepare to wage war against the Yang di-Pertuan Agong.

The four who pleaded guilty today were charged with making preparations to wage war between April and July this year at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak.

The four also admitted to the facts of the case which were read out to them.

The facts stated that they were all members of the Al-Ma'unah group whose main mission was to topple the government and replace it with one based on the rules of Islam.

They were said to be making preparations to fulfill their mission by stocking up on food to last them for at least three weeks, purchasing army fatigues, stealing and painting three four-wheel-drive vehicles to look like military vehicles and finally, taking part in an arms heist at two army installations in the early hours of July 2 by duping the soldiers there into believing they were there for an arms inspection.

The group members were also taught how to handle weapons at their hideout in Bukit Jenalik, where other members of the group had joined those who had conducted the arms heist.

Remorseful

In mitigation, counsel Zainal Ithnin for accused Aziz Kamaruzailan and Jasmin Jaafar, said his clients deserved minimum punishment adding that they were remorseful of their actions.

Aziz is a 32-year-old business analyst while Jasmin, who is 30, is an executive with Proton Bhd.

Defendant Abu Bakar Ismail's counsel Khamshah Abu Bakar said his client sought an apology from the Yang di Pertuan Agong and all Malaysians over his involvement in the case.

Khamsah said Abu joined Al-Ma'unah to learn self- defence as well as for religious teaching, adding that is was common for him to attend courses by the group in the jungle for that purpose.

"While undergoing one such course, he was given an army uniform and taken to Bukit Jenalik and it was only there when he realised the trap he was in," said Khamshah.

He said that Abu's role in the arms heist was minimal as he was just following orders.

"He realised that he was party to a criminal offence but he was afraid to escape from the group as the men were warned that if they did so, they would be shot dead and be considered as traitors," he added.

Khamsah also said that Abu, a farmer, was shot in the chest, allegedly by an unknown member of the group. He asked the court to bind him over for good behaviour or at most, a custodial sentence of six years.

Court's discretion

Counsel for postman Mohd Roshdi Yaacub, Kamarul Hisham Kamaruddin said the court must consider the low level of involvement of his client in committing the offence.

Kamarul said that Mohd Roshdi was never involved in the planning and execution of the offence and that there was no evidence linking him to making any preparation.

"He followed orders and had no power over his comrades," he added.

He also said that Mohd Roshdi was not involved in the shooting or torturing of any of the four hostages taken by the group.

Senior deputy public prosecutor Abdul Gani said that a maximum sentence would not be appropriate but left sentencing to the discretion of the court.

He, however, added that the court should not draw a distinction in the roles played by the defendants in committing the offence.