KOTA KINABALU: A joint trial will be held for the 28 men and a woman arrested under various security offences in connection with the Sulu gunmen intrusion in Lahad Datu district last February.
All 29 accused pleaded not guilty to the charges that included waging war against the Yang di-Pertuan Agong, being a member, sheltering or recruiting individuals to become members of a terrorist group, when they produced before Judge Ravinthran Paramaguru at the High Court on Thursday.
The plea could not be recorded for one more accused who was undergoing treatment at the Tawau hospital.
Ravinthran ordered a joint trial for the accused, who were represented by a team of eight counsels following an application by Attorney-General Tan Sri Abdul Gani Patail.
“In essence, this provision states that one or more persons can be charged and tried jointly if they are charged for the same offence or different offences under one transaction.
'The keyword here is one transaction,” Gani said in his submission.
Of the 29 whose pleas were recorded, 21 faced two charges under Sections 121 and 131KA of the Penal Code for waging war against the Agong and being a member of terrorist group respectively.
Among those facing the two charges that provides for the death penalty, life imprisonment respectively were Datu Amirbahar Hussin Kiram, the nephew of the self-styled Sulu sultan Jamallul Kiram and “general” of the “Royal Sulu Force” that intruded into Kampung Tanduo in Lahad Datu in February.
Others charged for similar offences were Basad Samuel, Mohamad Ali Ahmad, Pabblo Allie, Abd Hadi Mawan, Atik Hussin Abu Bakar, Dani Ismail, Saidili Jaharul, Totoh Hismullah and Basil Samiul,
Those also charged for the two offences were Rizman Gulan, Abdul Majil Jubin, Rijmal Salleh, Julham Rashid, Tani Lahad Dahi, Al Wazir Osman @ Abdul, Virgilio Nemar Patulada, Masir Aidin, Anwar Salib Akhmad, Ismail Yasin and Binhar Salib Akhmad.
Another four individuals were only charged under Section 130KA of the Penal Code and they were Aman Radie, Timhar Hadir, Holland Kalbi and Lin Mad Salleh.
Three individuals, including a woman, had been charged under Section 130K of the Penal Code for harbouring terrorists.
Those charged under this Section that provides for life imprisonment were Norhaida Ibnahi as well as Kadir Uyung and Lating Tiong.
One more accused - Salib Akhmad Emali - faced all three charges and a fourth under Section 130E of the Penal Code for recruiting individuals to become members of a terror group.
Ravinthran later fixed July 12 to record the plea of the last accused - Habil Suhaili - in Tawau where he was undergoing treatment at the hospital there.
The judge also fixed July 15 to hear the case management here.
Speaking to reporters outside the court, Gani said his office was discussing with the various authorities to fix a venue for the trial in adding that the Kota Kinabalu court complex was not suitable location.
'It would inconvenience the public if we have it here. With 29 accused, there are so many policemen, about 100 if we follow the rules,” he said.
“We are now in discussions as to the suitable locations where security is assured and where the open court concept can be adhered to,” Gani added.
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