The Palace of Justice building, which houses Malaysia’s Court of Appeal and Federal Court, in Putrajaya

MALAYSIA: FEDERAL COURT UPHOLDS DEATH SENTENCES FOR SEVEN FILIPINOS

October 6, 2024:

Malaysia’s Federal Court on October 2, 2024 upheld the death sentences of seven Filipino men, including a nephew of self-proclaimed Sultan of Sulu, Jamalul Kiram, for waging war against the Yang di-Pertuan Agong (King of Malaysia) during the Lahad Datu incursion 11 years ago.
A three-judge panel, led by Chief Justice Tun Tengku Maimun Tuan Mat, unanimously dismissed the review applications submitted by the seven men.
“The applications from all the petitioners are dismissed, and the death sentences are upheld,” said Justice Tengku Maimun, who sat alongside Court of Appeal President Tan Sri Amar Abang Iskandar Abang Hashim and Federal Court Judge Datuk Nordin Hassan.
The seven individuals are Datu Amirbahar Hushin Kiram, 60, who is the nephew of Jamalul Kiram; 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.
The armed incursion, which occurred in Kampung Tanduo, Lahad Datu, between Feb 12 and April 10, 2013, led to the deaths of nine Malaysian security personnel during clashes with the group.
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.
The Federal Court subsequently upheld the death penalty on Jan 15, 2018.
However, two other Filipino men, Ismail Yasin and Salib Akhmad Emali, who had also been sentenced to death for the same offence, did not file for review as they died while serving their prison terms.
Earlier, defence counsel Mervyn @ Hasan Sainy had pleaded for the court to reinstate the life sentences handed down by the Kota Kinabalu High Court, arguing that there was no evidence linking his clients directly to the incursion.
“There is no evidence they killed anyone. We believe the High Court’s decision was just. Considering their advanced age, we ask that they be given a chance for leniency,” he said.
In response, Datuk Mohd Dusuki Mokhtar, Head of the Appeals and Trial Division at the Attorney General’s Chambers, urged the court to maintain the death sentences, saying that the case involved national sovereignty.
He said the case involved a serious crime, and a deterrent punishment must be imposed to prevent similar offences from recurring.
“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.
Mohd Dusuki was assisted by Deputy Public Prosecutors Datuk Yusaini Amer Abdul Karim and Tetralina Ahmad Fauzi.