clip from a CCTV camera showed the wife of the slain businessman had climbed out of her bedroom window.

He said the clip did not show anyone else entering or walking towards the upstairs window.

Yeoh was testifying at the trial of the 17-year-old boy charged with murder and attempted murder. Timber and shipping businessman Ling Tong Hock, 36, his mother Leong Nyuk Lan, 76, and his two children David Ling Chei Qi, 10, and Amy Ling Zi Jiun, 7, were found murdered between 6am and 7.30am on Jan 3 last year at their double-storey terraced house in RTM Road.

Ling’s eight-year-old son Kelvin Ling was also attacked but not killed.

Ling’s wife Li Xian Lan, 28, a Chinese national, escaped the attack through her bedroom window. Replying to the defence counsel Darren Ling, Yeoh said he had watched part of the CCTV recordings with Inspector Heng.

Yeoh said he received a call that fateful morning, informing him a house had been broken into.

“I did attempt to clarify the identity of the person who called me. He told me he stayed nearby but did not mention his name.

“As soon as I received his call, I together with Corporal Jerry went to the house concerned where there was a crowd of people gathering,” he recalled.

He said at that particular moment he did not notice anyone in the crowd carrying a hammer trying to break the front gate of the house.

DC: At that particular moment, do you agree with me that you did not pay attention to the crowd of people outside the gate of that house?

Yeoh: I agree.

DC: In other words, could you agree with me you were with that crowd of people when you first arrived?

Yeoh: Yes.

DC: When you managed to get into the compound of that house, you saw through the sliding glass door a body lying motionless in the kitchen?

Yeoh: Yes, but could not see the body clearly.

DC: You were with other relatives of the victims in the house?

Yeoh: Yes.

DC: Since the front gate was locked, did you know how they had got into the compound of the house?

Yeoh: Same way as I did.

DC: Since you and Corporal Jerry could not enter that house because the grill was locked, therefore both of you entered the house through a window upstairs.

Yeoh: Yes.

DC: And when you managed to gain access to the house through the window upstairs, you checked room to room upstairs?

Yeoh: Yes.

DC: At that material time, did you check the third bedroom upstairs?

Yeoh: It was locked at that time.

DC: Since it was locked at that time and in order to make sure that all the bedrooms were secure; did you try to make any forced entry into the third bedroom?

Yeoh: I did not.

DC: Since the third bedroom was locked and you did not attempt to break in, you assume that all the bedrooms upstairs were secure?

Yeoh: Not really.

DC: Since you did not gain any access to the third bedroom, you did not know whether there was anyone inside that bedroom.

Yeoh: Yes.

To another question, Yeoh said while inside the house, he took keys from the living hall to unlock the front gate.

He said he did not notice any damage on the front gate when he opened it with the key.

He said after opening the front gate, he let the paramedics enter the house.

Yeoh said he was not with the paramedics all the time while they attended to the victims and that Corporal Jerry was helping to prevent other people from entering the house.

Hearing continues on May 30.

The Magistrate’s court here fixed May 29 for the pre-trial case management and hearing on July 24 and 25 for the case involving Kamaruszaman Mohamad Hussin, 34, and Kang Hee Choo, 36.

They had allegedly committed the offence on Dec 23, 2011, at about 5pm at a government hospital here with the intention of unlawfully transferring possession, custody and control of the Chinese baby.

They are charged under Section 48 of the Child Act 2001 and can be charged under Section 34 of the Penal Code.

The penalty upon conviction is a fine not exceeding RM10,000 or imprisonment of not more than five years, or both.

In a separate case, a teenage boy from Kampung Tabuan Hilir was released on RM5,000 court bail with one surety after he pleaded not guilty to two charges of stealing a motorcycle.

The Magistrate’s court fixed pre-trial case management on June 18 and trial dates on July 29 and 30 for this case involving Noornashrah Razemi, 19.

In the first charge, at about noon on May 13 at Jalan Merdeka in Petra Jaya, he was alleged to have stolen a Honda EX-5 motorcycle worth about RM2,000.

He is being charged under Section 379A of the Penal Code, in which the penalty upon conviction is a jail term of not less than a year but not more than seven years, and a fine.

For the second charge, he was alleged to have, at the same time and place, been unable to produce his identity card when asked to do so by the police for investigation purposes.

As such, he is deemed to have committed an offence under Rule 7 of the National Registration Act 1959 (Act 78) and Regulations. He can also be charged under Rule 25(1)(a) of the same Act.

For this charge, he may faced a jail term of not more than three years or fined, or both.

As the organiser of the rally, Nik Nazmi, 31, who is also Seri Setia assemblyman, was charged with failing to notify Petaling Jaya police about the venue of the rally 10 days before the event took place. He was alleged to have committed the offence at Petaling Jaya Municipal Council (MBPJ) Stadium in Kelana Jaya here at 8.30pm on May 8.

The charge under Section 9(1) of the Peaceful Assembly Act 2012 carries a fine of not more than RM10,000 upon conviction.

Judge Rozina Ayob fixed June 4 for mention of the case.

Deputy Solicitor-General II Datuk Tun Abdul Majid Tun Hamzah appeared for the prosecution, while Nik Nazmi was represented by lawyer Eric Paulsen.

Earlier, Eric also told the court that the defence would file an application at the High Court to strike out the charge on the ground that it was an abuse of court’s process and contravened public policy.

Also present at the court was PKR vice-president Nurul Izzah Anwar.— Bernama

Bank Negara Malaysia (BNM) had frozen the assets totalling more than RM100 million under the Banking and Financial Institution Act following their indictment for 224 charges of illegal money laundering and five charges of receiving deposits without a licence.

Judge Datuk Rozana Ali Yusuff set the date following an application by Bank Negara Deputy Public Prosecutor Mardziatun Nisa Ahamadul Kabir to suspend the release of the assets pending disposal of the prosecution’s appeal filed this morning (yesterday) against the acquittal.

Mardziatun said should the High Court allow the appeal, there would then be no guarantee that the investors would get their money back.

“The appeal will become academic if the suspension is rejected,” she said, submitting further that the application was to protect the interest of the investors involved.

However, Counsel Mohamed Haniff Khatri Abdulla who represented the three directors, Ng Poh Weng, 63, Marcus Yee Yuen Seng, 61, and Chin Wai Leong, 37, submitted that there were two sets of accounts in the case.

One was the directors’ accounts, of which there was no evidence that they contained investors’ money, and the company’s account which justifiably showed the amount to be business-derived earnings.

Ng was charged with 93 counts, Yee, 40 counts, Chin, 61 counts, and former Genneva Sdn Bhd director Liew Chee Wah, 30 counts of illegal money laundering.

They are alleged to have committed the offences at Public Bank Berhad, Kuala Lumpur branch, Menara Public Bank, 146, Jalan Ampang between July 2008 and June 2009.

They were also charged with five counts of illegally receiving deposits from the public, allegedly committed in Jalan Kuchai Maju 6, off Jalan Kuchai Lama between November 2008 and July 2009.

Liew, 59, was represented by Counsel Keppy Wong. — Bernama

Judge Caroline Bee Majanil imposed the sentence yesterday on Jinyul Muranu after finding him guilty of robbing a local man of a cellphone at Suria Sabah shopping centre here on May 24, 2012.

Jinyul, who committed the offence with a friend, who is still at large, was charged under Section 395 of the Penal Code which is punishable by a jail term of up to 20 years and also liable to whipping, upon conviction.

Deputy public prosecutor Afzan Abd Kahar called six witnesses while the defence called one witness.

In a separate case, a man will stand trial on July 1–2 this year for allegedly injuring a woman with an ice cube.

Zaheer Younus, who appeared before magistrate Nuruhuda Mohd Yusof, was charged under Section 323 of the Penal Code which carries a maximum jail of two years and also liable to a fine, upon conviction.

He was caught throwing an ice cube at the woman, causing hurt to her, at a house in Sepanggar, Menggatal at 2am on Jan 25.

He was released on RM2,000 bail deposited in two local sureties, pending disposal of the case.

Prosecuting officer Inspector Syahrin Ali prosecuted.

Bandahala

KOTA KINABALU: The Court of Appeal here yesterday upheld the death sentence of a taxi driver who was convicted of killing his niece eight years ago.

Justice Datuk Ramly Hj Ali, who sat together with Justices Dato’ Wira Mohtarudin Baki and Datuk Dr Hj Hamid Sultan Abu Backer unanimously dismissed an appeal by Bandahala Unduk, 55, against his sentence and conviction.

On April 13, 2009, the Tawau High Court found the respondent guilty of murdering his 20-year-old niece at Kampung Takada in Bum-Bum Island, Semporna on March 27, 2006.

He was convicted under Section 302 of the Penal Code which carries the mandatory death sentence, upon conviction.

In affirming the respondent’s conviction and sentence, the court held that without the pathologist’s testimony and a post-mortem report of the deceased, there was still overwhelming evidence in the case.

Earlier, counsel Rakhbir Singh submitted that it was pertinent to call the pathologist who was not called during the trial and the deceased’s post-mortem was not tendered.

Rakhbir contended why the doctor was not called to testify while the family also refused to have a post-mortem on the deceased who died due to multiple slash wounds with hemorrhagic shock.

In reply, deputy public prosecutor Farah Ezlin Yusop Khan rebutted that the prosecution had other overwhelming evidence strongly pointing to the respondent.

She submitted that one of the prosecution witnesses was told that the uncle had slashed the deceased, adding that a medical report was tendered during the trial.

According to the respondent, who spoke to his counsel, that he would appeal to the Federal Court against the decision.

RELEASED: Lim (outside police car) speaks to the suspects after they were released from remand.

KUCHING: Three local suspects nabbed in the bust on the ‘Macau Scam’ were released after their remand period expired yesterday.

Two of them were represented by defence counsel Lim Lian Kee while the third by defence counsel Roger Chin.

The rest of the suspects will have their remand expire today.

The local suspects were allegedly involved in the scam along with 84 foreign nationals.

According to Lim, the two local suspects he represented claimed they were just delivering food to the premises on the day of the bust.

A third local suspect claimed he was a house broker taking a look at the premises during that time.

The syndicate, believed to have raked in some RM4 billion from victims in China and Taiwan, was busted last Thursday when police personnel from Malaysia, China and Taiwan swooped on two houses in the city following police reports lodged by victims in the two countries.

Members of the syndicate would contact their victims via the Internet, claiming to be police personnel from China or Taiwan, and ‘inform’ them that their bank accounts were being investigated by the Central Bank of their respective countries.

After scaring the victims with the prospect of their accounts being frozen, the suspects would convince them to transfer their funds into a temporary account, but they (suspects) would become unreachable after that.

Testifying at the trial of a 17-year-old lad, Yeoh, 33, he said he received a call around 8.15am that day, informing him a house at RTM Road had been broken into and some people were injured.

Yeoh called the Operations Room and instructed that the hospital be informed.

Together with his photographer Corporal Jerry, they arrived at the crime scene at about 8.40am.

He recalled that there was a crowd and a police vehicle outside the locked gate of the house.

Yeoh said he climbed over a partition wall from a neighbouring house to enter the compound of the house where the murder took place.

“I broke the lock of the sliding glass door, but could not enter the house as the grill was locked,” he said.

He and his men later entered the house through a window of an upstairs room.

Yeoh told the court he was armed with a pistol when he checked the rooms in the house to make sure it was safe for the paramedics to enter.

There was no suspect in the house but he came across five bodies — two children in a room upstairs, a boy in a room downstairs, a man and an old lady in the kitchen — all covered in blood.

He managed to open the locked grill door and the front gate using the keys found in the living room, and instructed the paramedics to enter the house.

He said the paramedics brought out a boy from a room upstairs who was still alive while the four bodies were taken to Sibu Hospital.

Yeoh said he later instructed the deceased’s wife to enter the house together with Inspector Heng Kok How to view the CCTV recordings.

Brutally slain in their double-storey terraced house at RTM Road between 6am and 7.30am on Jan 3 last year were timber and shipping businessman Ling Tong Hock, 36, his mother Leong Nyuk Lan, 76, and his two children David Ling Chei Qi, 10, and Amy Ling Zi Jiun, 7.

The boy brought out alive was Ling’s eight-year-old son Kelvin Ling who survived the attack.

Ling’s wife Li Xiao Lan, 28, a Chinese national escaped though a bedroom window.

The accused faces charges of murder and attempted murder.

The hearing continues today.

Magistrate Ahmad Dzulfadzli Hamdan also ordered Zaidi Latif, 32, to be placed under two years’ supervision.

He committed the offence at Taman Sukma at about 11.15am on Dec 7, 2009 and was charged under Section 15(1)(a) of the Dangerous Drug Act 1952 punishable under Section 15 of the same act.

In an unrelated case, a teenager pleaded not guilty to stealing money from a shop in Kota Sentosa Commercial Centre.

The magistrate has fixed pre-trial case management on June 12 and trial on July 1 and 2.

The teenager allegedly stole RM288 from a shop at about 12.30 midnight on May 9.

He was charged under Section 381 of the Penal Code which carries a sentence of up to seven years in jail and can also be fined.

In another separate case, a teenager was sent to Henry Gutney School for three years after he was convicted of a robbery case.

The boy, 18, from Kampung Quap Dayak, was charged under the Child Act 91 (f).

The Magistrates’ Court also ordered that his parents to be in contact with him at all time to monitor his progress under Child Act 93 (e).

He committed the offence outside a school premises at Kuching-Serian Road at about 2pm on April 19.

He had robbed a 16-year-old boy of his Samsung Galaxy S2.

Sessions Court judge M.Rajalingam, who sat as a magistrate, granted the warrant against Inspector Mohd Hazuwan Bin Hamzah, 30, upon application by deputy public prosecutor Shukor Abu Bakar.

Rajalingam issued an order to arrest Mohd Hazuwan when he failed to appear on May 14 to 17 for the trial of a case under Section 201 of the Penal Code.

Hazuwan was ordered to attend the trial for losing evidence in a case on September 24, 2009.

The charge under Section 201 of the Penal code provides imprisonment of ten years, or fine, or both, on conviction.

Judge Duncan Sikodol passed the sentence after the accused admitted to raping the underage girl in a van at an oil palm plantation in Papar in July 2012.

He was convicted under Section 376 (2) (e) of the Penal Code which provides for a maximum jail term of 30 years and whipping upon conviction.

Deputy public prosecutor Chow Siang Kong told the court that the victim’s mother was informed by one of her daughters about a baby boy at their home.

The mother then went home and found the victim squatting in the bathroom and a baby boy placed on a plate rack.

After being questioned repeatedly, the victim finally admitted to giving birth to the baby as a result of her relationship with the accused.

The victim told her mother that she gave birth to the baby at about 1am on April 13 this year.

Her mother then took the victim and the baby to a clinic in Papar but a doctor advised the mother to bring them to a hospital because the victim was suffering from childbirth injuries while the baby had lung complication.

Further examination at the hospital found that the victim was raped around July 2012 based on her pregnancy duration.

Police investigation revealed that the victim and the accused became close since early 2012 when the accused was sending the victim and her sister to school as well as fetching them from school.

The accused, who was not represented by a lawyer, pleaded for leniency, saying he has to provide for three children and his parents, and he regretted what he had done.

The prosecution submitted that the accused had committed a serious offence as he raped an underage child until she gave birth to his baby.

Marcel Jude A/L M S Joseph, who stood as an independent in N15 Api-Api state constituency, filed the judicial review application seeking to compel the Chairman of Election Commission (EC), the EC and Chief Registrar of Voters (Ketua Pendaftar Pemilih Malaysia) to have the electoral rolls in respect of N15 Api-Api to be cleaned up by the removal of any dubious voters.

High Court Judge Ravinthran N. Paramaguru set the hearing date for the application by Marcel who named, in his ex-parte application for leave for judicial review, the Chairman of EC, the EC and Chief Registrar of Voters as the first, second and third respondents respectively.

The applicant said he was shocked on May 1, 2013, to read in the local newspapers that according to the EC Chairman, there were 60,673 dubious entries in the electoral rolls of Sabah.

These entries include incomplete addresses, similar names appearing more than once, wrong gender and so on.

Marcel said he is seeking an order of mandamus to require the respondents to undertake a thorough and extensive examination of the electoral rolls of Sabah particularly the electoral rolls of N15 Api-Api where the applicant is standing as a candidate; N16 Luyang and P172 Kota Kinabalu where the applicant is exercising his constitutional rights to vote; to identify the 60,673 dubious entries in the electoral rolls and thereafter to publish all the names, addresses, gender and other particulars of the said dubious entries for examination by the members of the public in Sabah and Malaysia for a reasonable period of time for the purpose of clarification and drawing objection.

He is further seeking an order of mandamus to require the respondents to remove the 60,673 dubious entries or any part thereof in so far as they are found in the electoral rolls of the state constituencies of Api-Api and Luyang, and the parliamentary constituency of Kota Kinabalu.

Marcel said he also prays for an order of certiorari to quash the Writ of Election and the Notice of Election issued by the respondents in respect of the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu by reason of 60,673 dubious entries or any part thereof insofar as they are found in the electoral rolls of the state constituencies of Api-Api, Luyang and the Parliamentary constituency of Kota Kinabalu.

The applicant is also seeking refund of the sum of RM8,000 paid by him to the respondents to participate in the state election of N15 Api Api, and damages for negligence of the respondents in issuing the Writ of Election and the Notice of Election without the removal of 60,673 dubious entries, or the disclosure by the respondents of 60,673 dubious entries to him prior to his registration as a candidate in the constituency of Api Api.

Marcel is also praying for damages for misrepresentation and failure of the respondents to issue the Writ of Election and the Notice of Election for the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu without the removal of 60,673 dubious entries or the disclosure by the Respondent of 60,673 dubious entries prior to the applicant’s registration as a candidate in the constituency of Api Api.

He is also claiming damages for fraud, costs and any other relief deemed fit by the court.

Judge Duncan Sikodol passed the sentence after the accused admitted to raping the underage girl in a van at an oil palm plantation in Papar in July 2012.

He was convicted under Section 376 (2) (e) of the Penal Code which provides for a maximum jail term of 30 years and whipping upon conviction.

Deputy public prosecutor Chow Siang Kong told the court that the victim’s mother was informed by one of her daughters about a baby boy at their home.

The mother then went home and found the victim squatting in the bathroom and a baby boy placed on a plate rack.

After being questioned repeatedly, the victim finally admitted to giving birth to the baby as a result of her relationship with the accused.

The victim told her mother that she gave birth to the baby at about 1am on April 13 this year.

Her mother then took the victim and the baby to a clinic in Papar but a doctor advised the mother to bring them to a hospital because the victim was suffering from childbirth injuries while the baby had lung complication.

Further examination at the hospital found that the victim was raped around July 2012 based on her pregnancy duration.

Police investigation revealed that the victim and the accused became close since early 2012 when the accused was sending the victim and her sister to school as well as fetching them from school.

The accused, who was not represented by a lawyer, pleaded for leniency, saying he has to provide for three children and his parents, and he regretted what he had done.

The prosecution submitted that the accused had committed a serious offence as he had raped an underage child and caused her to give birth to his baby.

Deputy public prosecutor (DPP) Saiful Edris Zainuddin submitted that the fourth accused’s evidence was in conflict with the testimonies of the other three.

Especially on the issue of whether Sosilawati and her friends were present at Ladang Gadong on Aug 30, 2010 and their involvement in murdering at least three victims, namely bank officer Noorhisham Mohamad, lawyer Ahmad Kamil Abdul Karim and Sosilawati’s driver, Kamaruddin Shamsuddin, he added.

“As a result of that, the question that arises is, which of the defence version is true or capable of raising reasonable doubt on the prosecution’s case.

“Because all the evidence of the accused are unreliable, including the fourth accused’s, any evidence from them which is inconsistent with the prosecution’s case is unsafe, unreliable and should be rejected,” he said.

N Pathmanabhan and three farm workers T Thilaiyalagan, R Matan and R Khatavarayan are charged with the murder of Sosilawati, 47, Noorhisham, 38, Ahmad Kamil, 32 and Kamaruddin, 44, at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, between 8.30pm and 9.45pm on August 30, 2010, and face the mandatory death sentence, if convicted under Section 302 of the Penal Code.

Saiful Edris further submitted that with the ‘disastrous effect’ displayed by the fourth accused and the rest of the accused persons, none of their evidence which is exculpatory in nature was reliable.

Hence, he said, the prosecution’s contention on the issue of discovery under Section 27 of the Evidence Act 1950 was still intact and should be accepted without a doubt.

Saiful Edris also urged the court to revisit the evidence of similar occurrences as put forward by two prosecution witnesses, namely Samson Nahar Mohamed Dali and Usharani Sethuraman, who confirmed that their husbands met Pathmanabhan on business matters and have been missing since.

He stated that, Pathmanabhan’s former maid, Siti Hamidah Karnax, had also testified that she had seen these men at the farm and witnessed a bonfire similar to the one in Sosilawati’s case.

He further submitted that there was a close resemblance in facts where the two men met with Pathmanabhan at Ladang Gadong just like the four individuals in Sosilawati’s case and all of them are still missing to date.

Saiful Edris also said that it had been established earlier that Sosilawati had gone to Banting to discuss a land matter with Pathmanabhan and expedite a RM3 million cheque to pay staff bonus and for her personal use for Hari Raya which was around the corner.

He said, according to bank officer, Yvonne Tiong Guat Choo, (98th prosecution witness) as at Aug 30, 2010 (the day Sosilawati and friends had gone missing) Pathmanabhan only had RM1.38 million in his account which was insufficient to clear the cheque.

“Pathmanabhan and his counsel (Manjit Singh Dhillon) were trying to argue that the insufficient funds in Pathmanabhan’s account was due to the account being frozen by the police but they failed to adduce any evidence to that effect. Furthermore, Pathmanabhan was only arrested on Sept 11, 2010, two days after the date on the cheque.

“To sum up, the motive of insufficient funds to honour the cheque was a very compelling reason to kill Sosilawati and her friends. And this motive remains unrebutted,” he said.

The hearing before judge Datuk Akhtar Tahir resumes on May 21. — Bernama

The 15-year-old further said the relationship between his brother and their father was also not good.

He, however, said he did not know how well his brother had got along with their mother.

The 17-year-old is charged with murdering four members of a family at RTM Road between 6am and 7.30am on Jan 3 last year.

He also faces a charge for attempted murder on another member of the same family at the same time and place.

In replying to deputy public prosecutor Musli Abdul Hamid at the trial yesterday, the 15-year-old brother said he had never entered the room of the accused as the latter always closed his bedroom door.

He also told the court that his neighbours passed away in January last year and that his brother (the accused) had killed them.

He said the accused told their mother what he (the accused) did but did not mention how many he had killed.

Their sister, Song Ching Mee, 21, who also testified, said she had never tried to initiate any conversation with the accused before the murder incident.

She agreed with defence counsel Darren Ling that she was very scared of the accused as he was very fierce when they quarrelled.

She also agreed that she would try to keep a distance from the accused. She said it would be better for her if the accused were not staying with her.

She told the court she did not enter her brother’s room and neither did he enter her room.

She said she was unemployed, and usually woke up around 10am but disagreed with Darren’s suggestion that she only woke up around 10am on the day when the alleged murder took place.

Ling Tong Hock, a 36-year-old timber and shipping businessman, was brutally murdered along with his mother Leong Nyuk Lan, 76, and his two children David Ling Chei Qi, 10, and Amy Ling Zi Jiun, 7, in their double-storey terraced house in RTM Road in Jan 3, last year.

Ling’s wife, Li Xiao Lan, a 28-year-old Chinese national, escaped the attack unhurt while Ling’s eight-year-old son Kelvin Ling survived the brutal attack.

Hearing continues today.

Marcel Jude A/L M S Joseph, who stood as an independent in N15 Api-Api state constituency, filed the judicial review application seeking to compel the chairman of Election Commission (EC), the EC and Chief Registrar of Voters (Ketua Pendaftar Pemilih Malaysia) to have the electoral rolls in respect of N15 Api-Api to be cleaned up by the removal of any dubious voters.

High Court Judge Ravinthran N. Paramaguru set the hearing date for the application by Marcel who named, in his ex-parte application for leave for judicial review, the Chairman of EC, the EC and Chief Registrar of Voters as the first, second and third respondents respectively.

The applicant said he was shocked on May 1, 2013, to read in the local newspapers that according to the EC chairman, there were 60,673 dubious entries in the electoral rolls of Sabah. These entries include incomplete addresses, similar names appearing more than once, wrong gender and so on.

Marcel said he is seeking an order of mandamus to require the respondents to undertake a thorough and extensive examination of the electoral rolls of Sabah particularly the electoral rolls of N15 Api-Api where the applicant is standing as a candidate; N16 Luyang and P172 Kota Kinabalu where the applicant is exercising his constitutional rights to vote; to identify the 60,673 dubious entries in the electoral rolls and thereafter to publish all the names, addresses, gender and other particulars of the said dubious entries for examination by the members of the public in Sabah and Malaysia for a reasonable period of time for the purpose of clarification and drawing objection.

He is further seeking an order of mandamus to require the respondents to remove the 60,673 dubious entries or any part thereof in so far as they are found in the electoral rolls of the state constituencies of Api-Api and Luyang, and the Parliamentary constituency of Kota Kinabalu.

Marcel said he also prays for an order of certiorari to quash the Writ of Election and the Notice of Election issued by the respondents in respect of the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu by reason of 60,673 dubious entries or any part thereof insofar as they are found in the electoral rolls of the state constituencies of Api-Api, Luyang and the Parliamentary constituency of Kota Kinabalu.

The applicant is also seeking refund of the sum of RM8,000 paid by him to the respondents to participate in the state election of N15 Api Api, and damages for negligence of the respondents in issuing the Writ of Election and the Notice of Election without the removal of 60,673 dubious entries, or the disclosure by the respondents of 60,673 dubious entries to him prior to his registration as a candidate in the constituency of Api Api.

Marcel is also praying for damages for misrepresentation and failure of the respondents to issue the Writ of Election and the Notice of Election for the state constituencies of Api-Api, Luyang and the parliamentary constituency of Kota Kinabalu without the removal of 60,673 dubious entries or the disclosure by the Respondent of 60,673 dubious entries prior to the applicant’s registration as a candidate in the constituency of Api Api.

He is also claiming damages for fraud, costs and any other relief deemed fit by the court.

Datu Amirbahar Hushin Kiram and the nine others were charged at a makeshift High Court at the Tawau prison complex yesterday.

Amirbahar was accused of waging war against the Yang di-Pertuan Agong under Section 121 of the Penal Code that carries the death sentence and being a member of a terrorist group under Section 131(k)(a) of the same Act that carries a life imprisonment sentence.

The other Filipino nationals who were similarly charged were Rijmal Salleh, Saidili Jaharul, Dani Ismail, Pabblo Alie, Mohamad Ali Ahmad, Basil Samiul and Rizman Gulan.

Datu Amirbahar and Saidili were alleged to have waged war against the Yang di-Pertuan Agong from February 9 to March 23, 2013 at Kampung Tanduo in the district of Lahad Datu and were members of a terrorist group at the same time and place.

Dani was charged with committing the same offence at the same place from February 9 to April 15, 2013.

Pabblo was charged with waging war against the King and being a member of a terrorist group on February 9 to April 10, 2013 at Kampung Muanad in the district of Beluran.

Facing the same charge was Mohamad Ali who allegedly committed the offence from February 9 to April 4, 2013 at Kampung Tanduo in the district of Lahad Datu; and Rijmal, Basil, Rizman and Abdul Majil who allegedly committed the offence on February 9 to March 13, 2013 at Lihak-Likak Road in the district of Semporna.

Norhaida binti Ibnahi, 46, was the first local woman charged for terrorism related activities in connection with the Sulu gunmen intrusion in Lahad Datu.

The 46-year-old was charged with harbouring a group of people which she has reason to believe are terrorist group members on February 9, 2013 to March 22, 2013 at an unnumbered house at Kampung Sri Melor, Bugaya in the district of Semporna.

She faces a possible life imprisonment upon conviction.

Judge P Ravinthran Paramaguru fixed June 7 for mention of their case and to hear application for the case to be shifted to Kota Kinabalu due to security reasons.

So far, 29 individuals have been charged with various terrorism offences, 26 of them Filipinos and the rest locals. They were charged at the specially convened Magistrate’s Court at the LahadDatu, Semporna and Beluran police headquarters.

Attorney General Tan Sri Abdul Gani Patail said yesterday that more would be brought to court and the appointment of lawyers need to be in order first before applying for a joint trial.

“Appointment of lawyers and assigned counsel is not in order yet, they got to sort themselves out first. We want a joint trial and all that have to be sorted out. June 7 is the mention date and everything got to be in order,” he said when met outside the prison.

Lawyer Datuk John Sikayun who was holding a watching brief for the Filipinos, said that the prosecution had applied to transfer the case to the Kota Kinabalu High Court and a lawyer would be present on June 7 either appointed by the accused themselves or the Filipino Embassy.

The accused who were earlier charged with waging war on the Yang di-Pertuan Agong were Atik Hussin Abu Bakar, Basad Manuel, Masir Aidin, Ismail Yasin, Anwar Salib Akhmad, Binhar Salib Akhmad, Virgilio Nemar Patulada @ Mohammad Alam Patulada, Salib Akhmad Emali, Wazir Osman @ Abdul, Abd Hadi Mawan, Tani Lahad Dahi and Julham Rashid.

They were charged with being members of a terrorist group with Aiman Radie, Lin Mad Salleh, Holland Kalbi, Habil Suhaili and Timhar Hadir.

Two others, Kadir Uyung and Lating Tiong were charged with harbouring a group of terrorists while Salib Akhmad faced an additional charge of recruiting for the group.

Meanwhile, deputy public prosecutor Datuk Nordin Hassan informed Bernama that yesterday’s proceedings had to be transferred from the Tawau High Court to the prison due to security factors.

The prison compound was tightly cordoned off by heavily armed security forces.

Siti Apsah Mustajil, 25, was jailed for 11 months while Nasil Juhiri, 26, Nilda Apanti, 48 and Muhammad Asnawil, 18, were sentenced to 12 months’ jail after they pleaded guilty to their charges under Regulation 25 (1) (o) of the National Registration Regulations 1990.

The offence carries a maximum jail of three years and a fine upon conviction.

Magistrate Nuruhuda Mohd Yusof also ordered them to be referred to the Immigration Deparment after serving their sentences for deportation.

Prosecuting officer Inspector Syahrin Ali told the court that all the accused were arrested at Terminal Two of the Kota Kinabalu International Airport on May 7.

In a separate case, a 25-year-old local man received a RM25 fine, in default, five days’ jail for threatening a local man by pointing a screwdriver at him.

Shahrizan Saidin, 25, was convicted under Section 25 (1) (e) of the Minor Offences Ordinance which provides for a maximum fine of RM25 upon conviction.

He pleaded guilty to threatening the victim and inviting him to a fight near a hall in Likas on May 9.

Malcolm Maing committed the offence at 9.40am on May 5 at the Sibu Central Police Station.

He was charged under Section 182 of the Penal Code, which provides for an imprisonment up to six months or a fine up to RM2,000 or both.

In his written report to the police he lied that his friend Petrus had punched him on the left cheek.

Malcolm faced another charge under Section 323 of the Penal Code with voluntarily causing hurt.The section carries a maximum one year’s imprisonment or a fine up to RM2,000 or both.

He admitted having injured one Amping Ranggau, 57, at 7.45am on May 5 at SK Nanga Assan.

For this, he was fined RM1,200.

A 17-year-old boy is on trial for the alleged murder which occurred between 6am and 7.30am on Jan 3 last year at a terraced house in RTM Road here.

The boy is also charged with an attempted murder of another member of the family at the same time and place.

Kong, who is a neighbour of the murdered family, told the court yesterday that he did not see anyone coming out of the house where the murder allegedly took place when he left his own house around 7am on Jan 3 last year.

He said he was at a shop in Hua Kiew Road when he received a phone call about 8am from his friend Ah Tek that his neighbour’s house was broken into.

Kong said when he returned to his house, the police came to his house to do some inspection but found nothing.

He said the police came to his house again on the night of Jan 4 to record his statement, during which they inspected the bathroom downstairs, rooms upstairs and the living room, and later placed him under arrest.

The police, he added, also seized a flower pot and the cover of a ceiling opening.

Kong said while questioned at the police station, he told the police he had heard a father and a son quarrelling prior to the murder.

The police released Kong the next day at about 5pm.

The sister of the accused, 21-year-old Song Ching Mee, also testified yesterday.

She told the court that her relationship with her brother was quite good though they seldom talked to each other because it was not easy to strike up a conversation with him.

She also told the court that she did not dare to enter his bedroom for fear of getting a scolding from him. “My mom entered his room and she was scolded by him,” she recalled.

She said when the accused came to her room between 7am and 8am on Jan 3 he was clad in short pants and was trembling before he told her that he had killed people.

Ling Tong Hock, a 36-year-old timber and shipping businessman, was brutally murdered along with his mother Leong Nyuk Lan, 76, and his two children David Ling Chei Qi, 10, and Amy Ling Zi Jiun, 7, in their double-storey terraced house at RTM Road early January 2012.

Ling’s wife, Li Xiao Lan, a 28-year-old Chinese national, escaped the attack unhurt while Ling’s eight-year-old son Kelvin Ling survived the brutal attack.

The accused is represented by Darren Ling.

Hearing before Justice Supang Lian continues today.