KOTA KINABALU: The High Court here heard that one of the VAT 69 commandos assigned to carry out Ops Daulat on March 1, 2013 at their responsible area at Kampung Tanduo was severely injured, allegedly shot by the Sulu gunmen.
ASP Bingkok AK John yesterday told Justice Stephen Chung that he came to know that the late Corporal Sabaruddin Daud was seriously injured in the head after a one-hour shootout between Malaysian commandos and the Sulu gunmen had ended.
“I did not see the gunmen shooting at him, I only saw Sabaruddin, who was taking cover next to an oil palm tree where I was taking cover but at that time he was lying face down,” recalled the 22th witness during examination-in-chief by deputy public prosecutor Datuk Abdul Wahab Mohamed.
In recalling the moment, he explained that at that point of time he thought that Sabaruddin was taking cover instead of thinking that his fellow colleague was injured.
Bingkok was giving his oral evidence against the 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.
The accused were charged with committing terrorism acts at several places in Lahad Datu, Semporna and Sandakan areas between February 12 and April 10, 2013.
If found guilty they face the mandatory death sentence while the rest provide for life imprisonment and a fine upon conviction.
The trial which entered its fourth month since January 6 this year, was held at a hall doubled as an open court at Kepayan prisons here under tight security checks by the prison and police personnel.
To a question by Abdul Wahab, Bingkok said that they were at the area of responsibility called “Sector B” led by Superintendent Macha AK Ata and he was one of the patrol leaders in that team.
He also said that they entered “Sector B” about 3pm after receiving an instruction from Mancha for them to carry out reconnaissance work at that assigned area.
To another question by Abdul Wahab, he testified that during the operation their team encountered with the gunmen who had shouted at them in Malay ‘Tiger, get out from here; this is our land’ (Tiger, berambus kau dari sini; ini bumi kami). The word ‘Tiger’ was referred to their team.
“A few seconds after the gunmen shouted at us, they then fired shots repeatedly at us and my team had retaliated,” he said, adding that before they returned fire at the enemies, he and his fellow commandos had taken cover at the nearest oil palm trees there.
He said that the gunmen also fired grenade launchers at them but exploded at oil palm tree leaves where they were also taking cover.
During cross-examination by Philippines Embassy assigned counsel Datuk N. Sivananthan, the witness agreed that when he and the team saw the 35 to 40 gunmen who were carrying firearms and dressed in camouflage uniforms, who were in a line and some were hiding behind the oil palm trees and bushes pointing and aiming their firearms at Malaysian commandos, it would necessarily imply that they could see Bingkok and the team.
Sivananthan: Do you agree that at that moment the 35 to 40 gunmen could have shot at you and your team but they did not do so?
Bingkok: I disagree.
Sivananthan: But instead of shooting at you according to your evidence, you and your team had a few minutes to take cover behind the oil palm trees, correct?
The witness answered: Yes.
Sivananthan: And even after you and your team took cover, the next action on the part of the gunmen according to you was that they shouted out a warning to leave the area, is that correct?
Bingkok: I agree.
Sivananthan: In other words according to your evidence the Sulu gunmen commenced shooting at you and your team after giving you and your team an opportunity to find cover behind the oil palm trees?
Bingkok: I disagree.
Sivananthan: Do you agree with me that if the gunmen started shooting the moment they saw you and your team they would have had a great advantage?
Bingkok: Yes.
Sivananthan: In fact as things turned out you and your team suffered one casualty whilst the gunmen suffered 12 casualties, is that correct?
Bingkok: Yes.
Sivananthan: I put it to you that if the Sulu gunmen wanted to shoot you and your team they would have shot at you and your team the moment they saw you because that would have been the most advantageous moment for them and also would have minimised any casualties on their part.
Bingkok: I disagree.
He further disagreed to another suggestion by Sivananthan that in fact it was Bingkok and his team that had fired first and any shooting on the part of the gunmen was purely in self-defence.
Sivananthan: I put it to you that it is completely illogical for the gunmen to give you and your team to find cover and to then shout out a warning if their intention was to shoot at you and your team at any cost.
The witness: I disagree.
Sivananthan: Do you agree that when one of the gunmen shouted out a warning he was in fact giving away his position to you and your team?
Bingkok: I disagree.
The prosecution was led by Attorney-General Tan Sri Abdul Gani Patail and assisted by deputy public prosecutors Abdul Wahab, Ishak Mad Yusoff, Mohd Dusuki Mokhtar, Cheng Heng Kher and Anati Kisahi. The counsel involved were Sivananthan, James Tsai, Stella Simon, Teressa Sirri, Zakaria Ahmad, Kamarudin Mohd Chinki, Ram Singh, YS Lo, Rowiena Rasid and Abdul Ghani Zelika.
The trial continues today.