KOTA KINABALU: The Court of Appeal here yesterday granted an adjournment for the appeal hearing sought by a Special Branch (SB) police personnel who was convicted of intentionally withholding vital security information relating to the Sulu gunmen’s alleged intrusion into Sabah, two years ago.
Counsel Ram Singh, who represented the appellant, corporal detective Hassan Hj Ali Basari, 63, told the three-panel judge chaired by Justice Dato’ Varghese A/L George Varughese, who sat together with Justices Vernon Ong Lam Kiat and Dato’ Zamani A. Rahim, that his client was seeking further postponement on the grounds that this appeal was related to the trial of 30 accused persons under the Security Offences (Special Measures) Act (SOSMA) 2012.
The counsel explained that the trial was still ongoing at Kepayan prisons here and so far, the prosecution had called 108 witnesses to give their oral testimonies.
Ram also said the trial for prosecution stage was expected to finish on December 23.
On August 6, 2013, the High Court here imposed the maximum custodial sentence of seven years on the appellant after he was found guilty of intentionally withholding vital security information relating to the Sulu gunmen’s alleged intrusion into the state.
He was charged under Section 130M of the Penal Code which carries a jail term of up to seven years, or with a fine or both, upon conviction.
Hassan, who was attached to the SB in Lahad Datu, was convicted of omission to submit information relating to terrorism acts at the office of the SB’s branch chief at the Lahad Datu police station between January and March, 2013.
The trial judge had ordered Hassan to serve his jail term from the date of his arrest.
Hassan, a Sabahan from Lahad Datu, is among 31 people who were charged with various offences in connection with the band of Sulu gunmen’s alleged intrusion into Kampung Tanduo, Lahad Datu in March 2013, which saw the death of 10 members of the Malaysian security forces and more than 60 persons, believed to be Sulu gunmen, during a gunfight.