KOTA KINABALU: A senior police officer told the High Court here yesterday that he believed that the discovery of a handphone he seized from a Perodua Viva car in Jalan Lihak-Lihak in Semporna on March 13, 2013 belonged to his superior who was killed in an ambush at Kampung Simunul 11 days earlier which he deemed crucial but was not included in the police reports.
Testifying in the trial of 30 individuals linked to the Lahad Datu intrusion two years ago, Bukit Aman Special Branch officer, Insp Holib Wan Ahmad said he discovered a black Samsung Galaxy Note 2 handphone among old clothes in a green plastic bag that was in the boot of a Perodua Viva in which three accused — Basil Samiul, Rizman Gulan and Abdul Majil Jubin – were among its passengers.
Holib told Justice Stephen Chung that he agreed with Philippine Government-assigned counsel Datuk N. Sivananthan that it was extremely an important discovery, which was not stated in the two police reports but he had informed his superior ASP Budi about it.
Sivananthan: This is quite strange since ASP Budi made no reference at all during his evidence about the discovery of the cellphone allegedly belonging to the late Bukit Aman special branch Superintendent Ibrahim Lebar and I therefore say that you are making it up?
The witness: I disagree. Since ASP Budi is my chief, I must inform him about anything that happened but I was not sure whether he was aware of it.
Sivananthan: Do you agree with me that it is very unlikely that ASP Budi would not remember something as important as the discovery of a cellphone of an officer, who had been killed during their assignment, in a car that was inspected around 11 days after the incident at Kampung Simunul?
The witness: I agree but because of job constraints at that time and maybe because ASP Budi had forgotten about the discovery of the cellphone.
Sivananthan: I put it to you that ASP Budi had not forgotten anything as there was no discovery of any cellphone in the car on March 13, 2013?
The witness: I disagree.
Holid was the 85th witness called by the prosecution to testify against 30 accused persons, including a woman and a nephew of the late self-styled sulu Sultan III Jamalul Kiram, who were arrested for allegedly committing terrorism acts 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 an imprisonment for life and a fine, upon conviction.
Further when cross-examined by Sivananthan, the witness also testified that their team had arrested a group believed to be intruders at Jalan Lihak-Lihak in Semporna on March 13, 2013 on board two cars, Viva and Perodua MyVi, that had been inspected.
The witness further said that at the same time he had referred to ASP Wan Kamal about the discovery of the cellphone and ASP Kamal told him that it allegedly belonged to Superintendent Ibrahim.
To another question by Sivananthan, the witness also said that he did not state about the discovery of cellphone in the seized items and handing over forms and there was no picture shown to him in court of the place where the cellphone was allegedly discovered.
Sivananthan: Do you know despite the fact that the Viva driver one Binasir Sibil has custody and control of the car at the time of arrest and was also arrested under Security Offences (Special Measures) Act (SOSMA) 2012 and taken with your evidence that the cellphone was found in the boot of his car, he had not been charged in court today?
The witness: I did not know.