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THE Putrajaya Federal Court has dismissed the applications by seven Filipino men who sought a review of their death sentences for waging war against the Yang di-Pertuan Agong during the Lahad Datu incursion 11 years ago.
In a unanimous decision, a three-member Federal Court bench led by Chief Justice Tun Tengku Maimun Tuan Mat upheld the death sentence for the appellants.
"The applications of all the appellants are dismissed, and the death penalty is upheld," said the top judge after hearing submissions from both parties today.
The seven individuals are Datu Amirbahar Hushin Kiram, 60, who is the nephew of Jamalul Kiram; Atik Hussin Abu Bakar, 52; Basad H. Manuel, 49; Virgilio Nemar Patulada, 59; Al Wazir Osman, 68; Tani Lahad Dahi, 70; and Julham Rashid, 75.
They applied to review their death sentence to be commuted to imprisonment following the Mandatory Death Penalty Abolition Act 2023, which took effect on July 4, last year.
The armed incursion, which occurred in Kampung Tanduo, Lahad Datu between Feb 12 and April 10, 2013 led to the deaths of nine Malaysian security personnel during clashes with the group.
On July 26, 2016, the Kota Kinabalu High Court sentenced the seven men and two others – Ismail Yasin and Salib Akhmad Emali – to life imprisonment after finding them guilty under Section 121 of the Penal Code for waging war against the Yang di-Pertuan Agong.
However, on June 8, 2017, the Court of Appeal imposed the death penalty after allowing the prosecution’s appeal.
On Jan 15, 2018, the Federal Court upheld the death penalty. - October 2, 2024
