KOTA KINABALU: The trial of a policeman charged with omission to submit information relating to terrorism acts at the High Court yesterday heard that a call was made to the accused, corporal Hassan Hj Ali Basari, informing him that more than 400 people from Bongao, Philippines, would come to Sabah to help their countrymen.
Prosecution witness No. 2 (PW2) testified before Justice Ravinthran N. Paramaguru that the telephone conversation that was intercepted was between the accused and a Sabahan man.
Hassan, 58, who was attached to the police special branch in Lahad Datu, was accused of committing the offence at the office of the special branch chief at Lahad Datu police station between Jan 2013 and March 2013.
The offence under Section 130M of the Penal Code carries a maximum jail of seven years or with a fine, or both, on conviction.
“On March 2, 2013, at 7.37pm, the Sabahan man called Hassan to inform that he had called someone in the Philippines and said that there were more than 400 who would come to Sabah comprising members of the MNLF and the Sulu Sultanate to help their people here,” PW2 said in response to a question during examination-in-chief by DPP Nordin Hassan.
He said further that he knew that it was the accused because they had mentioned their respective identities during the conversation.
“On March 3, 2013, another call was made by the Sabahan man telling Hassan about what he read in the internet about the Lahad Datu intrusion issue, the financier of the intrusion and the peace effort between Malaysia and the Philippines, but Hassan asked the man to ignore the news he read on internet,” PW2 said.
To another question from Nordin, he said he had also intercepted another phone conversation between Datu Amir Bahar and the Crown Prince of the Sultanate of Sulu Raja Agbimuddin Kiram.
“The call was made on February 25, 2013 at 10.31pm when Datu Amir Bahar said that he has found out that Hassan was a police personnel and that the Malaysian security forces would enter at 12 midnight,” he explained, adding that Agbimuddin informed Amir Bahar that they were ready while Amir Bahar also said that Hassan and Husin were siblings and that they were their people.
He further told the court that the conversation between Amir Bahar and Agbimuddin was in Suluk.
Meanwhile, another witness testified in court that he saw some 100 people gathered outside the surau at Kampung Tanduo in Lahad Datu which is located near the beach in the village.
The third prosecution witness (PW3), Mohd Ali Asmali, 39, said that he saw the group were wearing camouflage uniform, with red headbands, some of them donned a songkok and had a red band on their wrists.
In response to a question during examination-in-chief by Nordin, Mohd Ali, who is an auxiliary police at Felda Sahabat, further testified that at that time he felt so weird and a bit afraid.
“At that time I was with my friend fishing near the beach at about 2am, when we heard a loud noise of a boat heading to the beach which I assumed the boat was from the sea,” he explained, adding that they continued fishing until 6.42am.
To another question from Nordin, he said that at around 6.42am, he and his friend saw the group were clad in their camouflage uniforms which were different from the Malaysian army’s, while on their way back home.
“After that, we decided not to pass the area where the group was standing but instead used another way and stopped at the river mouth some 30–40 metres away from them.
He added that they then lodged a report at the Cenderawasih police station regarding what they saw.
Nordin was assisted by DPPs Nazrul Nizam Mohd Zameri, Cheng Heng Kher and Anati Kisahi while Ram was assisted by counsels Kamarudin Mohd Chinki and YS Lo.
The trial continues today.