Gunman had nobleman cert, court told

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KOTA KINABALU: The High Court here yesterday was told that an appointment certificate as a nobleman, with ‘Sultan Muedzul Lail Tan Kiram’ written on it, allegedly belonged to a Filipino charged with being a member of the Sulu gunmen.

Inspector Abdul Mutalib Harun told Justice Stephen Chung that he found the certificate inside an envelope held by the accused Timhar Hadir, who was arrested as he had failed to produce any identification documents during an operation at Lahad Datu Town on February 18, 2013.

“I checked the envelope and I found several certificates with ‘Sultan Muedzul Lail Tan Kiram’ written on them and with emblems, including the appointment certificate allegedly owned by the accused,” the 68th witness explained during examination-in-chief by Deputy Public Prosecutor Mohd Dusuki Mokhtar.

The witness also said that during the said operation, he saw a star-shaped badge on Timhar’s shirt with wordings written on it that he could not understand.

“I asked Timhar where he got the said badge that was made of metal with a little bit of green colour on its background, and Timhar replied that it was from the Sultan of the Philippines,” he testified.

To a question by Mohd Dusuki, the witness  said he arrested another Filipino with no identification documents and only got his name orally as Habil Suhaili.

“Timhar admitted to me that Habil, who was later known as the accused and faces a similar charge as that of Timhar, is his biological father,” the witness further said.

The witness had earlier testified that on the same day at about 10am, he was at the Lahad Datu Crime Investigation Department operation room when he received information from an informer that there was a group of men allegedly connected to ‘Sultan Kiram’  discussing at a restaurant in town.

“I informed ACP Mohd Shariff Mohib, who later instructed men to gather a few officers and as many personnel from the department to do an inspection and arrest,” said the witness.

The witness further explained that he briefed them and then rushed to the said location, and by 11am, they  managed to surround the said restaurant.

“After that, I went to approach a table where 10 men were sitting and drinking. I then introduced myself to them by showing my police authority card and explained to those men that they would be checked,” testified the witness.

To another question by Mohd Dusuki, the witness said  those men seemed to be unhappy with the police personnel who were there.

“I asked them to cooperate with us and to sit down. I saw them  talking about something using a language that I could not understand, and I saw the envelope on the table where those men were drinking earlier,” he said.

When asked by Mohd Dusuki: What did you do after that?

Witness: I asked them to produce their identification cards.

Mohd Dusuki: What did you find after that?

Witness: I found that eight of the 10 men did not possess any documentations, while the two others were Malaysian identity card holders.

“All I can recall about the two Malaysian men was that one was named Ivilas, while the other one I cannot remember,” said the witness, adding that, the envelope at that time was in front of Timhar.

The witness added that those 10 men were then brought to the Lahad Datu marine base for further inspection.

The witness was giving his oral evidence in the trial of 29 men and a woman, including Datu Amirbahar Hushin Kiram, a nephew of the late self-styled Sulu Sultan III Jamalul Kiram, who were charged with committing terrorism activities at several places in Lahad Datu, Semporna, Kunak and Sandakan between February 12 and April 10, 2013.

They are liable to the mandatory death sentence while the rest face imprisonment for life, and fine upon conviction.

Meanwhile, the 67th witness said the meeting between the Malaysian special branch police and the leader of the Sulu gunmen, Raja Muda Datu Agbimuddin Kiram, was held in a wooden house at Kampung Tanduo in Lahad Datu.

Under examination-in-chief by Senior Federal Counsel Jamil Aripin, Corporal Salsagap Pg Masdal, 55, testified that the wooden house was located in a remote area of the village.

“On February 14 – 16, 2013, there was a civilian by the name of Ben who followed the men, and on February 16, 2013, there were three other persons with us but I did not know their names,” said the witness.

To a question by Jamil, the witness, who opted for retirement on March 1 this year, also said that his role in the meeting was as a driver and a photographer.

The trial, which was held at a hall that doubled as an open court at the Kepayan prisons here and under tight security checks by the prison and police personnel, will continue on February 4.