KOTA KINABALU: The first protected witness testified in the High Court here yesterday that the voices of targets related to the Lahad Datu intrusion were identified based on their intonation and language style.
The witness, who was testifying before Justice Stephen Chung, said when hearing the communication interceptions, the voices could be distinguished from intonation and the way the language was spoken, which was in Suluk as there was a unique style in it.
“I would know the person speaking was the target as the person would introduce himself. I would identify the voices after I have heard it,” testified the witness under examination-in-chief by deputy public prosecutor (DPP) Mohd Dusuki Mokhtar.
The 132nd witness explained that the contents of the conversations spoken by the target were unimportant until there was security information.
To a question by Mohd Dusuki, the witness also said the voices were recognized after hearing the communication interceptions many times.
“I start to (listen to) the voices of the target after the interception communications were done,” the witness testified.
The witness was testifying in the trial of 30 accused persons, including one woman and the nephew of the late self-styled Sulu Sultanate III, Datu Amirbahar Hushin Kiram, who face various charges of committing terrorism acts.
They were apprehended during separate operations throughout Ops Sulu (later known as Ops Daulat) at several places in Lahad Datu, Semporna, Kunak and Sandakan between February 12 and April 10, 2013.
Waging war against the King carries the mandatory death sentence while the other charges provide for an imprisonment for life and a fine, upon conviction.
The witness, through a court interpreter who was equipped with a headphone, while the prosecution and the judge who also wore headphones to hear the testimony of the witness, spoke from an unknown location.
The defence could not hear the witness’ voice but could read the witness’ testimony which was transcribed by a court staff as the court interpreter with headphone would translate the testimony in the English language and audible to parties in the open court.
Meanwhile, the Suluk and Badjao interpreters would translate the witness’ testimony for the accused persons by looking at the transcribed versions visible at the court’s computer monitors.
Earlier, deputy public prosecutor Datuk Abdul Wahab Mohamed, who led the prosecution team, told the trial judge that they would call eight protected witnesses to testify against the accused persons.
In producing their protected witnesses throughout the trial, Abdul Wahab also said only the judge, the prosecution and the court interpreter would hear the protected witnesses’ voices as stipulated under Section 14 of the Security Offences Special Measures Act (SOSMA) 2012.
The prosecution also said the protected witnesses would only be visible to the trial judge and their testimonies would then be deduced in writing for cross-examination purposes.
Counsel Majnah Abdillah explained that the defence raised no objection to the prosecution’s request if any of the protected witnesses were afraid that their voices would be recognized.
The trial judge had only approved the first protected witness to give evidence in court while he would decide later on the other seven protected witnesses.
The judge further said he would personally interview the witnesses to determine if the witnesses’ identities needed to be protected.
However, the judge said the first protected witness had not mentioned about fear of voice being recognized by anyone but the witness told the judge that if the identity was exposed it might put the witness’ life at risk.
The judge further explained that even though the second part of Section 14 of SOSMA 2012 was not fulfilled following the interview, where the witness did not express fear of the voice being recognized, the judge ruled that the evidence of the first protected witness would only be relayed through the court interpreter.
The trial, held at a hall which doubled as an open court at the Kepayan prisons here under tight security checks by police and prison personnel, continues today.