Corporal says could only fire shots to keep gunmen back

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KOTA KINABALU: A police corporal told the High Court here yesterday that he could only fire shots at the Sulu gunmen to prevent them from assisting their fellow men in a skirmish with Malaysian VAT 69 commandos at their areas of responsibility.

Shahril Afiza Zahari was testifying before Justice Stephen Chung that as a shooter his assignment was to provide cover to his colleagues at three areas of responsibility, namely Sectors B, C and D.

“I could fire shots at the Sulu gunmen from the two water points where they were holed up seen running or firing shots at the three sectors to prevent them from entering the skirmish area to give help to their buddies,” said the witness under cross-examination by Philippines Embassy assigned counsel Datuk N. Sivananthan.

However, Shahril Afiza, who was placed at the rumah kongsi with other Malaysian VAT 69 snipers, said that he could not fire shots at the skirmish area.

He further explained that he could only provide cover for his fellow commandos by shooting at the Sulu gunmen from the two water points to prevent them from entering the battle area.

Shahril Afiza was the 17th witness called by Attorney-General Tan Sri Abdul Gani Patail, to testify against 29 accused persons including the nephew of the late self-styled Sulu sultan III, Datu Jamalul Kiram, believed to be the man behind the intrusion in Kampung Tanduo, Lahad Datu. They were accused of committing terrorism activities at several places in Lahad Datu, Semporna and Sandakan areas between February 12 and April 10, 2013. They are liable to the mandatory death sentence while the rest provide for life imprisonment and a fine, upon conviction.

To a question from Sivananthan, Shahril Afiza, together with seven other snipers placed at the rumah kongsi, said that he could shoot up to a distance of 1,000 meters where the two water points were.

Sivananthan asked, “You testified that 10 to 15 gunmen from water point drainage were seen running and firing at the Malaysian commandos, where were they when you shot at them?”

Shahril answered, “They were at an area near Sector D”.

He testified that the shootout between the snipers and the Sulu gunmen was around three to four minutes, but the skirmish lasted after one hour.

“After the exchange fire between us and the Sulu gunmen, most of them went to hide in the palm oil trees and take cover but some of them still fired shots at us occasionally,” he said in response to another question by Sivananthan.

Under examination-in-chief by deputy public prosecutor, Datuk Abdul Wahab Mohamed, Shahril Afiza said that he and his team had fired shots at two Sulu gunmen during “Cut Off” operation at Kampung Tanjung Batu.

“One of them, who held a machete, fell to the ground while the other one, with firearm, ran away.

“My team and I then went to check the one, who fell, and found that there was a machete as well as a bag with him,” he explained.

Abdul Wahab asked, “Do you have an advantage to check what was inside the bag?”

The witness said, “Yes, there was a camouflage print uniform and some snacks”. To another question by Abdul Wahab, Shahril said that they just left the body there and no seizure was made, and after that he proceeded to his original position assigned to him. The trial continues on April 1 this year.