KOTA KINABALU: The High Court here yesterday sentenced Detective Corporal Hassan Ali Basari, 61, to seven years imprisonment, the maximum jail sentence under Section 130M of the Penal Code, for withholding information on terrorism activities in Sabah.
Justice P. Ravinthran ordered the sentence to run from the date of his arrest on March 2.
He also said that although Section 130M of the Penal Code also carries a fine upon conviction, a monetary sentence would not be imposed.
Hassan was found guilty of the offence which took place at the office of the Lahad Datu Special Branch chief between January and March 2 this year.
Ravinthran said he was satisfied with sentencing Hassan with the maximum jail term as the accused was not an ordinary member of the general public
“You were a Special Branch officer in Lahad Datu and you received this information (on the intrusion in Kampung Tanduo). So you stand in a different category as you were legally bound to disclose such information.
“Therefore, little credit should be given to your long-time service (of 38 years) in the Royal Malaysia Police force,” he said.
In his judgement, Ravinthran said the defence failed to raise reasonable doubts on three facts which transpired during the prosecution’s four-day hearing from June 24.
He said the first protected witness gave vital information to Hassan in January on the so-called Royal Sulu Force’s intention to enter Sabah, which Hassan failed to disclose to his superiors.
He also said three transcripts of intercepted telephone calls corroborated with Hassan’s intention to omit information of the intrusion by the so-called army.
Although an intrusion had not taken place during the time Hassan was told of the impending intrusion by the protected witness, Ravinthran said the intrusion eventually happened and that security forces would have been ready to stop it from happening had Hassan informed the matter to his superiors sooner.
Earlier, in presenting his case for deterrent sentence Deputy Public Prosecutor Datuk Nordin Hassan told the court the intrusion at Kampung Tanduo in Lahad Datu left a black mark in Malaysia’s history and the accused had contributed to this.
“The accused’s intention not to inform his superiors resulted in some of our security forces injured and killed while gallantly protecting the country’s sovereignty.
“Their families suffered the loss of their loved ones. The government spent lots of money to ensure the safety of the affected people. Not to mention destruction of many properties.
“This is an act of treason on the country because as a police personnel, he (Hassan) was bound to protect the people. Therefore, he is not loyal to the police force,” said Nordin.
Counsel Ram Singh said the defence would appeal the High Court’s judgement.
Hassan was calm during sentencing and shook hands and hugged his family, who were in tears, before being whisked away. — Bernama