KOTA KINABALU: The High Court here yesterday granted another ad-hoc application by Peninsular Malaysia-based senior lawyer Datuk N Sivananthan to act as counsel for five men, who were charged with waging war against the Yang di-Pertuan Agong and being a member of a terrorist group.
Chief Justice for Sabah and Sarawak Tan Sri Richard Malanjum granted the application moved by Sabahan lawyer James Tsai yesterday.
On July 29 this year, High Court judge Ravinthran Paramaguru discharged five court assigned counsel from representing the five men charged with the other 30 people for allegedly committing the similar offences.
The five accused persons were Ismail Hj Yassin, Basad H. Manuel, Binhar Salip Akhmad, Anwar Salip Akhmad and Atik Husin Abu Bakar, and are now represented by Sivananthan.
In the first case, Ismail, Basad, Binhar, Anwar and Atik together with self-styled, Sultanate of Sulu Jamalul Kiram’s nephew Datu Amirbahar Hushin Kiram, Salib Akhmad Emali, Mohamad Ali Ahmad, Pabblo Alie, Abd Hadi Mawan, Dani Ismail, Saidali Jaharul, Totoh Hismullah, Basil Samiul, Rizman Gulan, Abdul Majil Jubin, Rijmal Salleh, Julham Rashid, Tani Lahad Dahi, Al Wazir Osman@ Abdul, Virgilio Nemar Patulada@ Mohammad Alam Patulada, Masir Adin, were accused of waging war against the Yang di-Pertuan Agong between Feb 9 and April 15, 2013.
They were caught for allegedly committing the offences at Kampung Tanduo, Kampung Tanjung Labian, Jalan Kastam, Jalan Ulu Tungku and Ladang Atlast 2 in Lahad Datu areas, Kampung Perigi, Kampung Simunul, Kampung Bakau and Jalan Lihak-Lihak in Semporna areas, Kampung Madai in Kunak and Kampung Muanad in Beluran.
The indictment came under Section 121 of the Penal Code which is punishable by death sentence or life imprisonment and also liable to a fine, upon conviction.
In the second case, Ismail, Basad, Binhar, Anwar and Atik with Amirbahar, Mohamad Ali, Pabblo, Abd Hadi, Dani, Saidali, Totoh, Basil, Rizman, Abdul Majil, Rijmal, Julham, Tani, Al Wazir, Virgilio, Masir,, Aiman Radie, Timhar Hadir, Holland Kalbi, Lin Mad Salleh and Habil Suhaili were charged with being a member of a terrorist group at the same places and dates.
The charges framed under Section 130KA of the Penal Code which provides for life imprisonment and also liable to a fine, upon conviction.
Senior State Counsel Dayangku Fazidah Hatun Pg Bagul from the State Attorney-General Chambers and counsel Brendan Soo for Sabah Law Association raised no objection to the application.
Meawhile, another four new lawyers were admitted to the Sabah Bar, namely Idrus Ibrahim, Gerard Chia Chee Ning, Sufri Safuan Jumat and Latania John Masabal.