KOTA KINABALU: The sessions court here has decided to transfer the case of an undocumented Filipino man charged with being a member of the Abu Sayyaf militant group to the High Court.
Clad in a green t-shirt, Marsan Ajilul @ Anuar Mohamad Asnalul, 32, was brought to the sessions court this morning and charged under Section 130 KA of the Penal Code, which was read for the second time before Judge Azreena Aziz.
Deputy public prosecutor Wan Farrah Wan Farrizan had requested for another mention date, pending a confirmation report of the case’s transfer to the High Court, which she said would take a month.
Azreena fixed May 31 for re-mention and offered no bail for Marsan, who was unrepresented. No plea was recorded from the accused.
On another offence, the judge sentenced Marsan to six months in prison and a stroke of the cane after he pleaded guilty to not possessing valid identity documents under Section 6 (c) of the Immigration Act.
Azreena ordered the accused to serve his jail sentence from the day of his arrest on March 15, 2018.
In pleading for leniency, Marsan, who is a welder by trade, said his family is dependent on him as he is the sole bread winner for his wife and four children. He added that he is also taking care of his sick mother.
"I only came here to work, and I was arrested at my work place. My father and two brothers have passed away and I have to provide for my family," he told the court, adding that he has been in the country for seven months, and had been sending money home every month until his arrest.
In applying for a deterrent sentence against Marsan, Wan Farrah said the court must take the public’s interest into consideration.
Wan Farrah also reminded the court of the rampancy of the offence and the need to send a strong message to would-be offenders that the court does not tolerate such misbehaviour.
Marsan was arrested on March 15, this year, at about 10.30am at the Sabah Police headquarters in Kepayan here. He was detained for alleged involvement in a case that was a threat to public security.
According to the charge sheet, Marsan is accused of being a member of a militant group between July 31, 2012 and March 15 this year.
He is also accused of staying in the state illegally between Aug 2017 and March 15 this year.
It was reported that Marsan is from Zamboanga, Mindanao and was a senior member under Abu Sayyaf group leader Furuji Indaman – an expert bomb maker – in southern Basilan.