PUTRAJAYA: Seven Filipino terrorists involved in the Lahad Datu incursion in 2013 failed in their attempt to overturn their death penalty for waging war against the Yang di-Pertuan Agong.
In a unanimous decision, a three-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat upheld the death sentence for the appellants. "The applications of all the appellants are dismissed, and the death penalty is upheld," said the top judge after hearing submissions from both parties today.
Other members of the bench were Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Datuk Nordin Hassan.
The seven had filed an application to review their death sentence to be commuted to imprisonment following the Mandatory Death Penalty Abolition Act 2023, which took effect on July 4, last year.
The appellants include Datu Amirbahar Hushin Kiram, 60, the nephew of Jamalul Kiram, the self-proclaimed Sultan of Sulu, along with Atik Hussin Abu Bakar, 52; Basad H. Manuel, 49; Virgilio Nemar Patulada, 59; Al Wazir Osman, 68; Tani Lahad Dahi, 70; and Julham Rashid, 75. Under the new law, judges now have the discretion to impose either the death penalty or imprisonment of not less than 30 years and up to 40 years.
Deputy public prosecutor Datuk Mohd Dusuki Mokhtar appeared for the Attorney-General's Chambers while lawyer Mervyn@Hasan Sainy appeared for the appellants.
Dusuki in his submissions said this case involved serious crime and that a deterrent sentence must be imposed to prevent similar offences.
"The magnitude of this case is unlike any other, with nine policemen perishing, some of whom were beheaded and mutilated.
"The incursion was committed by a foreign enemy, and we cannot send the wrong signal to the public.
"Therefore, the death sentence must be retained," he said.
Meanwhile, Mervyn in his submissions asked the court to reinstate the life imprisonment sentence handed down by the Kota Kinabalu High Court by stating that there was no evidence showing his clients directly involved in the incursion.
"There is no evidence that they killed anyone. We believe that the decision made by the High Court was correct.
We request that they be given a chance, considering their advanced age," he said.
On July 26, 2016, the Kota Kinabalu High Court sentenced the seven men to life imprisonment after finding them guilty under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong.
In its ruling, the High Court stated that there was no evidence to show the accused were directly involved in the skirmishes during the incursion, nor was there proof that they brutally killed or injured any security personnel.
However, on June 8, 2017, the Court of Appeal imposed the death penalty after allowing the prosecution's appeal.
Subsequently, the Federal Court also upheld the death penalty on Jan 15, 2018.
During the armed incursion at Kampung Tanduo, Lahad Datu, between Feb 12 and April 10, 2013, nine members of Malaysia's security forces were killed in clashes with the group.